Is the Weakest Branch Becoming the Most Dangerous?
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As Alexander Hamilton famously wrote in the Federalist Papers, the judiciary is the weakest of our three branches of government. Without “purse” or “sword,” the US Supreme Court is dependent on the willingness of others to enforce its orders and on the public’s belief in its impartiality to ensure compliance. Yet in recent years, the increasingly popular sentiment that the Court is just another partisan, political institution has led to calls for it to be fundamentally restructured. Given the high-stakes cases and dramatic developments at the Court this term, are such demands justified? Should nine justices exercise such great power over the lives of millions of Americans? And what will be the consequences if the Court’s power is undermined by ongoing questions about its legitimacy?
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