It is always possible for the court to overreach its proper bounds and perhaps declare a lot of laws unconstitutional and frustrate the will of the majority in a way that it ought not be frustrated.
The layman's constitutional view is that what he likes is constitutional and that which he doesn't like is unconstitutional.
Besides the healthcare bill being unconstitutional and a great expansion of federal government, I think if it does not respect people's individual religious views and makes groups or individuals do things that are contrary to their deeply held beliefs, there is going to be a visceral negative reaction.
I'm sort of suspicious of most economic development projects, but the ones that encourage taxpayer-funded relocation bidding wars should be declared unconstitutional.
Popularity makes no law invulnerable to invalidation. Americans accept judicial supervision of their democracy - judicial review of popular but possibly unconstitutional statutes - because they know that if the Constitution is truly to constitute the nation, it must trump some majority preferences.
In 1989, the U.S. Supreme Court ruled that minority set-aside programs in municipal contracts were unconstitutional. The court wondered if there were proof that people of color even want to receive municipal contracts.
I thought what the military was doing was unconstitutional.
The 'anchor baby' thing needs to be fixed... Anchor babies are an unconstitutional declaration of citizenship to those born of non-Americans. It's wrong, and it's immoral.
After the Democrats shoved the 2700 pages of ObamaCare down our throats - and we did find out how expensive, controlling, and coercive the legislation was - a majority of Americans wanted the Supreme Court to toss it aside as unconstitutional.
The very idea of marriage is basic to recognition as equals in our society; any status short of that is inferior, unjust, and unconstitutional.