As Madison predicted, the greatest danger to the liberties of the people lies where the greatest power resides, which in a republic is in the majority of the people. By harnessing the powers of the majority, the progressives were able to overcome the barriers of the Republican Constitution.
Having breached those barriers, however, progressives then moved on to eliminate any “democratic” or majoritarian obstacles to their agenda. Indeed, at the very same time they were invoking the “will of the people” to undermine the constraints of the Republican Constitution being enforced by the Supreme Court, progressives were also advocating rule by an enlightened and dispassionate elite of public policy experts.
-Randy Barnett (Georgetown University Law Professor, writer, blogger, Our Republican Constitution😉
(H/T: Cafe Hayek)