Which Average Americans?

I guess home owners under threat of having their home taken by the government and re-sold to the highest bidder don't count as "average Americans."

That's the problem with "living Constitutions". It's a shame that Senator Shumer doesn't recognize that the only thing that protects "the little guy" (or anyone, for that matter) in a world of "living Constitution" liberal jurisprudence is the beneficence of at least 5 people who can't be voted out of office.