>On the potential reward side, I think it is quite possible that the court could increase its perceived public legitimacy, assuming it is able to draw sensible distinctions to explain why Jan. 6 was an insurrection and other more commonplace policy choices are not. After all, Democrats and moderates who oppose Trump will surely think the court less partisan if it disqualifies him, and any disfavor among Republicans is likely to dissipate once Republicans choose a new nominee who may be a stronger general election candidate than Trump anyhow (and who would express at least some of the same substantive policy preferences).

lol what

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does the state have the right to preserve it's form against the will of an electorate.

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an electorate cannot bind a subsequent electorate except by trusting all future electorates to regulate themselves on the principles of a body no longer existing. if a Parliament casts out Parliament, how can it's Kingdom stand?

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but what an electorate can do, must do even if it chooses to do nothing, is shape the context in which future electorates find themselves

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