The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.
The 1st Amendment protects the right to speak not the right to spend.
Design must seduce shape and perhaps more importantly evoke an emotional...
Americans have less and less patience for the intrusive and divisive moral scolds who thrived in the bubbles of the Clinton and Bush years.