[antillean]

> SCOTUS acts like a classic common law court: the law exists independently of the courts, in the people, and the task of the court is to discover it

I hope, for the sake of American democracy, that this just isn't true.

[erispoe]

Why? It takes more than 50% of expressed votes every two years to make a functionnal democracy.

[antillean]

I don't even know where to begin.

And I mean that literally. I started typing about five different responses, each beginning differently. None of them seemed to work, and besides I would've probably ended up typing too much anyway.

Instead I refer you to:

1. https://en.wikipedia.org/wiki/Separation_of_powers

2. https://en.wikipedia.org/wiki/Legitimacy_(political) and http://plato.stanford.edu/entries/legitimacy/