"Dave" wrote in message
...
On Fri, 12 Dec 2008 12:46:32 -0600, "KLC Lewis"
said:


When the Court "discovers" new rights which no rational person could
believe
were in the minds of those ratifying the Constitution or applicable
amendments, they have changed the document without following the procedure
called for to change it. Whether you choose to call that an amendment of
the
document or not is rather beside the point. It does represent exercise of
a
function which goes well beyond the judicial function of resolving cases
or
controversies in accordance with law.

The Constitution itself provides for the mooting of laws which are repugnant
to the Constitition. It is the Supreme Court which makes rulings on whether
or not laws violate the Constitution, or the rights of Citizens, whether
those Citizens are in the majority or minority, and whether the laws are
popularly-supported or not. Interpretation of the meaning of specific
clauses in the Constitution is also within the jurisdiction of the Supreme
Court.