James, makes no difference to me which side one or the other is on of the Second, I doubt anyone here has doubt of it being an enduring debate. That's a historical fact and proof is how thousands of jurisdictions see it as they please all over the country and regulate accordingly.

The Supreme Court is activist---biased and stacked, depending on one's opinions---but they are comprised of jurists chosen by political parties representing majorities of the time. Members tremble of calamitous consequences if their parties don't get the judge of their choosing.

The answer to the rhetorical question, of course, is that we get stacked courts in a democratic process because it's the nature of the system.