> to consider the judges as the ultimate arbiters of all constitutional questions
You seem to consider Thomas Jefferson as some kind of ultimate arbiter of constitutional questions. :b
To the extent that his point is that judges alone (and in particular judges-for-life) aren't enough to guarantee a well-functioning non-corrupt minimally-oppressive state, sure, that's a reasonable point and the American multi-branched system is a reasonable response to that.
To the extent that Jefferson's being brought in here to say "Yeah, well, that's just, like, [The Supreme Court's] opinion, man" and therefore to dismiss the idea that legally, free speech is not an unabridged right... o-kay. You know that judges are, tautologically, the arbiters of constitutional and legal questions (and the supreme court the ultimate arbiters), right? Even if you said "hey, we're getting rid of all these ultimate arbiter judges because they're oligarchy waiting to happen" the next question is "well, who decides what the law says?" and either your answer to that question is something like "well, we'll call them, ummmm... 'Readers', yeah" (and they're effectively judges) or someone says something really dumb like "Well, the people who wrote the law are the arbiters!" (oops, we just collapsed multiple branches of government into 1) or "well, it's obvious, everyone will do it." Jefferson's point about potential for tyranny seems to be orthogonal to his complaint about judges being the ultimate arbiters and it's why the other co-equal branches do other things besides a-arbiter'ing.
On the off chance that there's a superior argument or arrangement to what the courts have constructed as cited by the grandparent -- and it could happen, courts make flawed or even terrible decisions sometimes -- by all means, make the case for it in the marketplace of ideas and get it re-litigated through the courts or authored/amended into law.
But unless you have a specific argument as to why they got it wrong, not only is it true that the court decision reflects the law of the land for now because that's how our system works, chances are pretty good that the court also had a better argument than random HN commentators, even if they have a favorite founding father quote at hand. It might be better to reach for dissenting opinions instead.
You seem to consider Thomas Jefferson as some kind of ultimate arbiter of constitutional questions. :b
To the extent that his point is that judges alone (and in particular judges-for-life) aren't enough to guarantee a well-functioning non-corrupt minimally-oppressive state, sure, that's a reasonable point and the American multi-branched system is a reasonable response to that.
To the extent that Jefferson's being brought in here to say "Yeah, well, that's just, like, [The Supreme Court's] opinion, man" and therefore to dismiss the idea that legally, free speech is not an unabridged right... o-kay. You know that judges are, tautologically, the arbiters of constitutional and legal questions (and the supreme court the ultimate arbiters), right? Even if you said "hey, we're getting rid of all these ultimate arbiter judges because they're oligarchy waiting to happen" the next question is "well, who decides what the law says?" and either your answer to that question is something like "well, we'll call them, ummmm... 'Readers', yeah" (and they're effectively judges) or someone says something really dumb like "Well, the people who wrote the law are the arbiters!" (oops, we just collapsed multiple branches of government into 1) or "well, it's obvious, everyone will do it." Jefferson's point about potential for tyranny seems to be orthogonal to his complaint about judges being the ultimate arbiters and it's why the other co-equal branches do other things besides a-arbiter'ing.
On the off chance that there's a superior argument or arrangement to what the courts have constructed as cited by the grandparent -- and it could happen, courts make flawed or even terrible decisions sometimes -- by all means, make the case for it in the marketplace of ideas and get it re-litigated through the courts or authored/amended into law.
But unless you have a specific argument as to why they got it wrong, not only is it true that the court decision reflects the law of the land for now because that's how our system works, chances are pretty good that the court also had a better argument than random HN commentators, even if they have a favorite founding father quote at hand. It might be better to reach for dissenting opinions instead.