Once the system the Founding Fathers created was destroyed in 1865 it was entirely foreseeable that the SCOTUS would be the final unelected arbiter of our rights. Once the states were removed as constitutional actors in their own right with the ability to check the excesses of the federal government, there was nothing left but 9 unelected federal government lawyers.
[The most important safeguard for the liberties of the people was]”the support of the state governments in all their rights, as the most competent administrations for our domestic concerns and the surest bulwarks against anti-republican tendencies.” Thomas Jefferson
[the only alternative to states rights] is to hand over sovereignty to the black robed deities of the court who disappear into their chambers and then tell us what orders we must obey, no matter how nonsensical or unpopular they may be. John C. Calhoun
“because whenever all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government on another, and will become as venal and oppressive as the government from which we separated” Thomas Jefferson
Once the system the Founding Fathers created was destroyed in 1865 it was entirely foreseeable that the SCOTUS would be the final unelected arbiter of our rights. Once the states were removed as constitutional actors in their own right with the ability to check the excesses of the federal government, there was nothing left but 9 unelected federal government lawyers.
You could say, 1932, with FDR’s new deal monstrosities, but the states still had lots of power at least until FDR’s revolution in the Court.