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Sadly, the courts have determined that people and their representatives in the legislatures cannot be trusted to decide issues that deal with moral institutions or behavior. The courts have become the arbiters of moral policy, the absolute censors of all laws that may give rise to moral controversy.
Given the fact that every law affecting human behavior necessarily has a moral aspect (this is what distinguishes human from physical laws) the courts become de facto dictators in every area of legislative policy.
Government of, by and for the people becomes government of, by and for the judicial oligarchs, the legal guild, and the money powers that fund and sustain its livelihood.
- Source Alan Keyes