I was surprised when I heard about this poll this morning. Only 60% of Americans believe that Supreme Court justices should base their decisions on the Constitution. 30% believe Supreme Court justices should base their decisions on the judge's sense of "fairness." The reason I say "only" 60% is because this should be a no-brainer for anyone with a high school education. This percentage should at least be in the 80's and preferably the 90's. Telling the Supreme Court that they should rely on their personal sense of fairness rather than the Constitution is somewhat similar to telling the Senate they should ignore the opinions of Americans and vote however they please. They may do this from time to time but thankfully we can fire them if they do. Inscription on the wall of the Supreme Court Building from Marbury v. Madison, in which Chief Justice John Marshall (statue, foreground) outlined the concept of judicial review.
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