The six assumptions are:
- The Court is basically undemocratic and non-elective, thus should defer to democratic branches.
- The questionable origins of judicial review, a power not specifically granted by the Constitution.
- The doctrine of separation of powers.
- The concept of federalism, requiring deference to state governments.
- The pragmatic assumption that the Court, dependent on Congress for jurisdiction/resources, should not overstep boundaries without considering risks.
- The aristocratic notion that law is reason and judgment, while politics is power and influence; thus, the Court should not delve into politics.