In a constitutional republic, the will of the people was not meant for social constructionists because this type of legislation led to moral decree.
The Judiciary was created to interpret and uphold law. Laws are created by our legislators whom represent the "will of the people". Judges are subservient to the "will of the people" as it is writ.
The "will of the people" is built upon mob rule as demonstrated in our numerous methods of class warfare. Read "Classic Liberalism"
If you read the arguments that transpired during the creation of the constitution, it lends a better perspective of its intention.
The federalist papers
