^ This. Everyone has an opinion on what the greater good is. Americans believe that everyone is equal. If everyone is equal, and everyone has different opinion but the equal right to their opinion, then it would seem the best way to decide on the greater good would by to tally up those opinions and see what the majority is.... if 75% or more people agree with an opinion it could be placed in the Constitution and trump things that only 50%-74% of people agree with... or we could ignore this system and let 5 of 9 judges who went to only harvard or yale ignore the people and make up the greater good.
I know its a virtual impossibility, but I'm an advocate for a limited referendum offering on each presidential election. I would propose that it go something like this....
2016- A topic is put forth with 5 'shades' of implementation. for example...abortion-
level 1- Always wrong no matter what. No exception, ever.
level 2- Wrong and should be illegal except in cases of rape, incest, life saving of the mother.
level 3- Some sort of compromise detailing a lesser access but still greater than the above
level 4- Open and available but not government supported
level 5- unfettered access and included in all insurance, medicare, etc
We vote. The two receiving the most votes go to the second round.
2020- We vote on the two finalist from abortion issue and one new issue is floated with 5 options (gun rights comes to mind). Winning item from first round becomes a mandate for reform and resolution of the subject. We might have to have two drafts representing each party, but the parties would put a summary bill directly to the voters for round 3 approval.
2024- summary bill is provided directly to voters to accept/reject
so in three rounds, we have the people directly deciding if abortion is ok with us, if gun rights are ok, if gay marriage is ok, if we should have lighter or no mandatory sentencing
I would caveat this with a requirement that whatever the outcome, it becomes a settled issue for at least three more election cycles. Meaning no one could amend the bill for 12 years once it accepted/rejected by the people.
It my mind it would negate much of the constant BS back and forth on the critical social issues and we could get on with other things.