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The constitution has been taken out of the lower courts.
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Aren't nearly all the judges of the lower courts elected positions?? Not appointed positions like Federal judges??
Elected judges (and other elected officials) have a tendency to rule the way they believe will get them re-elected, and aren't we, the people, who elected them responsible for that??
In a democracy, you don't always get the best people in office, you get the people who got the most votes, and that isn't often the same thing.