… is from page 67 of former U.S. Solicitor General Charles Fried’s interesting 1991 book, Order and Law: Arguing the Reagan Revolution:
I am also puzzled by the originalist celebration of majority rule as the presumed default source of law, from which one may only depart on the clearest textual warrant in the Constitution, a warrant underwritten by the intent of the framers. The originalists belong to the party of liberty – as do I – so it is odd to see them repair to majority rule, which has not often been seen as a very secure haven of liberty, and certainly was not seen as such by the framers.