Is it not more accurate to say that the court interpreted the Constitution as _already granting_ that freedom? Unrelated to that: > We have legislatures to ma

Is it not more accurate to say that the court interpreted the Constitution as _already granting_ that freedom? Unrelated to that: > We have legislatures to make freedoms the law, if they'd do their jobs for us. Yes, but it's important to recognize that this position presumes the status quo is basically okay (maybe not great, but okay). If the status quo is oppressive to you for whatever reason, you might not be so jazzed about a system with so many checks and balances that require overwhelming majorities to pass even popular changes. (I'm not saying it's a bad system. But I wish we were more candid about this really significant tradeoff.)