The Courts and the Election
It wasn’t supposed to be this way. Alexander Hamilton called the Supreme Court “the least dangerous branch” in Federalist 78. They key was Marbury v. Madison, which Alexander Bickel and others showed was based on dubious jurisprudence. But that case gave the court almost unlimited power to change the Constitution. A lawyer friend of mine told me his constitutional law professor taught the budding young Clarence Darrows, “The Constitution is what the Supreme Court says it is.” And in almost every case, the court follows what the Establishment Elite tell it to do. Joe Sobran used to point out how...



