A consent decree in South Carolina requires the state to provide a recreational program for convicts, including tournaments in croquet, badminton, paddleball, and backgammon. The majority, according to Justice Ginsburg's theory of democracy, gets first shot at solving problems to the satisfaction of federal judges. But not the last word. The Court argues that it is the only institution that will protect the rights of minorities and prevent the tyranny of the majority. The majority changes as the issue changes.
Democracies correct mistakes sooner and more easily than do other systems.
Majority action corrects, as do safety valves on a steam engine. The Alien and Sedition Laws were enacted by the Federalist Congress in 1798 to suppress criticism of the government. The federal courts found the laws to be constitutional and convicted and imprisoned newspaper publishers. One, we could appoint judges for a term of years rather than for life. The term could be renewed if the President and Senate think they have done a good job.