Good law tracks common sense. It matches expectation against the reality of how much power we give to cooperate. In the United States, the Constitution captures this deal among citizens, and judges are expected to override errors where governance misses the mark, filling gaps where rational people wouldn’t consent to limit themselves. Unconstitutional acts ‘never were law in the first place’, as they void the social contract. An unconstitutional act is not a law; it confers no rights; it impo...