Interesting read. But I'm wondering about this "national referendum." Is he calling for a constitutional convention?
No, I don't think so. His analysis of the Constitution was pretty good, but his suggestion of a national referendum is somewhat off the wall.
It would have no legal effect and the only thing it might do is generate some interest in the Constitution and the Court's role in construing it.
But it wouldn't change a thing regardless of the outcome.
You could have all the 'national referendums' in the world and it wouldn't matter a whit, becuase that's not one of the mechanisms for amending the Constitution. (Thank God.)
I don't know about you, but to have a Federal Judge call for a 'national referendum' to change the Founding Document comes pretty close to an impeachable offense to me. It's certainly not 'good behavior' in my book.
L