"The people should decide, not the courts!"

[politicallefty]

It's the same argument as when people accuse the courts of judicial activism. It is completely based on viewing the legal system through a very political lens. In other words, it's what people say when they get an opinion they don't agree with. How many on the right would have accused the Supreme Court of judicial activism during the Lochner Era when sustantive due process was used by the right-wingers on the Court to strike down almost every economic regulation imaginable under the now-defunct notion of liberty of contract? I'll freely admit that both sides are guilty of this accusation.

Even though the courts may hand down many decisions where I agree, I would not support altering judicial power (though I would probably support a term limit on judges). I believe it is a system that works quite well. If everything is up to the people, what is the point of having a Constitution? To say that it should be up to the people instead of the courts is to believe that said Constitution hasn't already been approved by a strong supermajority of those representing the people. If you are to have a Constitution that is supreme, you must have an independent judiciary as well. Without that, you are left with a simple majority that rules over all matters. I'd much rather live in a country with an independent judiciary that protects rights and liberties of the people.