Be thankful that America has a written Constitution. The Founding Fathers were wise to write down the rules. The ratification of those rules by the people ensures democratic legitimacy for our courts in enforcing them against the political branches. Every American state likewise has a written constitution, ratified directly or indirectly by its people. Our courts are designed to check the periodic excesses of democracy, yet when they do so, they are enforcing the rule of written law made by the people — not overriding it.
Moreover, American courts are products of the elected branches. Federal judges are appointed by the executive and confirmed by the legislature. State judges are typically either appointed by the elected branches or directly elected by the people.
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