The dynamic of the law is that it transcends — or attempts to transcend — the emotions of the time. That’s the dynamic of the legal system. Most law professors and many commentators say that the judicial review — the idea that courts can set aside legislation — is anti-majoritarian, or contra-majoritarian, so that a majority can’t make its will binding on an injured minority. That’s true in one sense, false in another. It may be true that when we set aside a particular congressional enactment or a state law — which is an awful function, awful in the sense of powerful — it’s true that we, for the moment, may displease the majority. But, if you look over time, if you ask what the American people — the majority of the American people — want over time, over our history, they want judicial review. They want to make sure that the promises of the Constitution are honored, that the commitments we made basically over time with our ancestors are followed.