Was Scalea arguing that every law should be decided by
Plebicite?
All the voters voting on each law, and court decision?
No more Republic, but Pure Democracy?
That is one meaning of "freedom to govern themselves."
Of course, another meaning is to set up institutions
(legislatures, courts) that represent the People,
and govern in their (our!) name.
That is what is done in Republics.
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Please note that FDR's Plan to pack the Supreme Court
was defeated by Congress.
Then note that FDR was in office long enough to appoint no
less than ten (10) Justices, even though he did not have the
chance to appoint *any* in his first term.
HTM, PHL
pokermind wrote:Then there is what Scalea wrote of the contrversial Ga Marriage decision:
I write separately to call attention to this Court’s threat to American democracy.
“The substance of today’s decree is not of immense personal importance to me. The law can recognize as marriage whatever sexual attachments and living arrangements it wishes, and can accord them favorable civil consequences, from tax treatment to rights of inheritance.
Those civil consequences—and the public approval that conferring the name of marriage evidences—can perhaps have adverse social effects, but no more adverse than the effects of many other controversial laws. So it is not of special importance to me what the law says about marriage. It is of overwhelming importance, however, who it is that rules me. Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact—and the furthest extension one can even imagine—of the Court’s claimed power to create “liberties” that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.”
http://qpolitical.com/days-died-scalia-warning-americans/
The politicization of the court began with FDR in the 1930s when some of the New Deal programs were declared unconstitutional, he packed the court. The Predident can submit candidates to the Senate for confirmation, the Senate can confirm or not. This has become a highly politicized process as each side has third rail issues. Given a Liberal President and a conservative Senate I'm sure it will be politicized this time.
Poker
Why aren't you liberals up in arms about them? 
and, Mangy Fur the Smart Alick Spacecat.