I think Scalia is exactly right. Power has been eroded from the people for a long period of time. The executive branch, the Presidency, and the Supreme Court have taken on a roll that the founding fathers never intended. We the People are constantly having our decisions nullified by another avenue. The President is ruling by executive orders, by passing our elected officials. The Supreme Court is overruling a decision of the people and, once again, the will of the people is thwarted.