From the current issue of First Things:
In our day, ideological minorities seeking refuge in the protections of the Constitution frequently do so in a manner that pits the Constitution against the American people. That is understandable, but it is a potentially fatal mistake. Keep in mind the preamble and irreplaceable premise of the Constitution: “We the people . . . do ordain and establish this Constitution for the United States of America.” That is to say, the Constitution and all its protections depend upon the sentiment of “we the people.” Majority rule is far from being the only principle of democratic governance and it is not a sufficient principle, but it is a necessary principle. In the Constitution, the majority imposes upon itself a self-denying ordinance; it promises not to do what it otherwise could do, namely, ride roughshod over the dissenting minorities.
Why, we might ask, does the majority continue to impose such a limitation upon itself? A number of answers suggest themselves. One reason is that most Americans recognize, however inarticulately, a sovereignty higher than the sovereignty of “we the people.” They believe there is absolute truth but they are not sure that they understand it absolutely; they are, therefore, disinclined to force it upon those who disagree.
It is not chiefly a secular but a religious restraint that prevents biblical believers from coercing others in matters of conscience. We do not kill one another over our disagreements about the will of God because we believe that it is the will of God that we should not kill one another over our disagreements about the will of God. Christians and Jews did not always believe that but, with very few exceptions, we in this country have come to believe it. It is among the truths that we hold. And by which we are held.