If you've ever wondered how the Supreme Court, in its great wisdom, came to the proposition that corporations are persons, with all the rights thereof, you might try Millhiser's book. There is plenty of precedent for that body making law out of whole cloth. Basically two forces are at work in the court, as in our great land, sometimes in the same justice, one dissenting, one dominating. A pro-democracy strand of fairness based in the written constitution and the people's right to govern themselves via the congress struggles against a commitment to business owners (or one could say the 1%) and a distrust of democracy. This latter faction parces the constitution where it can but doesn't hesitate to invent, where needed, to advance those interests. Today's court obviously has stood mostly in this camp, and given the current congress and executive, stands poised to wade still deeper into that unsavory swamp.