Are we starting over from scratch? As if we were creating a new Constitution?
James Madison said that, in the U.S. Constitution which he helped to draft and was supporting ratification, the way in which the rights of minorities would be protected from the tyranny of the majority would be that, in the Congress, it was extremely unlikely for a tyrannical majority to be able to form, since Congress would be made up of very diverse interests from across the entire nation.
But, unfortunately, for most modern "liberal" Americans, that explanation is not good enough. They want to create new devices for protecting "unpopular minorities," such as rendering interpretations of the Constitution that were not at all intended.
Hence, in "The Federal Courts, Politics, and the Rule of Law," by John C. Hughes (published 1995), it says:
"In the contemporary political context, those who fear conformity have tended to describe themselves as liberal and have tended to applaud judicial 'protection' of human rights. Those who fear diversity have tended to call themselves conservatives and have been appalled by judicial 'usurpation' of the majority's discretion to form the kind of community it finds most conducive to its own happiness. The former tends to approve of the expansive theories of constitutional interpretation, while the latter tends to prefer the restrained theories of judicial review. These alignments are neither perfect nor inevitable, but the debate has surely been shrill."