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Justice Breyer appears to be unaware that the founding fathers of this nation overthrew the "professional" authorities by pressure of arms, arms held by people that banded together to form an army to struggle against the tyranny of gun control and all it implies. I'm certain Justice Breyer is nicely aware of that ruling and is sure by it underneath the court's doctrine of Stare Decisis, whether he agrees with Cruikshank or not.
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Checked out in this means, the principles of excellent administration enforced via judicial assessment constitute a template of finest follow - and one that is taken seriously thanks to its authorized enforceability. It reduces to the contention that public authorities should be shielded from judicial evaluate to a larger extent than they're at present due to their tendency - if uncovered to judicial review - to do things that the regulation does not truly require of them.
I am just a new guy, studying concerning the nice american system of justice. Lest Justice Breyer forget America is a government of the people, by the folks and for the individuals and the Justices serve those people. The courts are purported to implement the Constitution and the Bill of Rights, and never interpret them according to the fore talked about phrases. That a Supreme Courtroom Justice would current such a flawed argument to help his personal agenda is troubling indeed.