You are exactly right The Founding Fathers never gave us a “Democracy ” where we would have to endure the Tyrannny of the majority .Thats what the “BILL of RIGHTS” was all about ! The process you talked about is called “Stari Decisis ” and has been used since the Lesser Kennedy (the Last One)pushed his liberal agenda on us.Its also part of CASE Law. If we stuck to the Founders well thought out precepts(Constitutional Republic)this erosion wouldent have occured. WE don’thave Constitutional Government any more,we have MOB RULE…also AKA Democracy.
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