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Do We Trust Judges Too Much? Did the Framers?

Engage Volume 12, Issue 2, September 2011

We have just had another Justice confirmed to the Supreme Court. The vetting process for possible nominees to the Court is now familiar to all of us. At the center of the process is the President. You will notice, and it is now become part of our political environment, that one of the reasons why we elect Presidents is because of whom he or she may appoint to the Supreme Court. It is a strange development in our constitutional structure. Our Presidents have themselves become electors, electors of the kinds of people who will actually make policy over us. If that sounds like a strange constitutional development, it was in fact the sort of thing that was predicted by the Anti-Federalists who opposed the Constitution...