Our constitution, in short, is a judge-made constitution, and it bears on its face all the features, good and bad, of judge-made law.
The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution…. There should be, therefore, great resistance to … redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority.byron white
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