[kobeya]

That's hardly comparable. In 1972 the supreme court decided that the death penalty laws _of the time_ were unconstitutional. The death penalty was almost immediately restored by public vote, with some modifications (switching from hanging to lethal injection, changing the appeals process, etc.)

The will of the people is the ultimate mandate in a democracy. In 1972 this mandate was for the death penalty. We'll see next week whether the mandate has changed.

[MrZongle2]

"The will of the people is the ultimate mandate in a democracy."

Until a small group of judges say otherwise.

[adrianmpc]

Actually I think the above statement is correct. If the U.S. was a pure democracy, the will of the people would be ultimate. As a constitutional republic, the constitution is ultimate, and in the U.S.'s particular implementation of the republic, the will of the people would mandate a law, and the supreme court would determine if that law comports with the constitution or not.

[kobeya]

And then the people vote to change the constitution, as they are doing in California on next Tuesday.

[d_e_solomon]

Majority rules with minority rights. The judges are there in part to ensure the rights of the minority are respected.