For a government body to decide 'X and not Y' means that the government body has implicitly asserted a jurisdiction to decide between X and Y. Hence, to decide 'X not Y' is to assert, indirectly, an authority in the future to choose 'Y not X'.
-- Frederick Schauer, Slippery Slopes, 99 Harv. L. Rev. 361, 367 (1985).
We should...be able to see that our interest would be best served not by asking the state to promulgate our values but by forbidding the state to promulgate any values at all. If the state can espouse some value that we love, it can, with equal justice, espouse others we do not love.
-- Richard Mitchell
It is the besetting vice of democracies to substitute public opinion for law. This is the usual form in which the masses of men exhibit their tyranny.
-- James Fenimore Cooper