Replacing Scalia, the Politics of Justice and The Role of the Supreme Court

To consider the judges as the ultimate arbiters of all constitutional questions would be very dangerous doctrine indeed and one which would place us under the despotism of an oligarchy… The Constitution has erected no such tribunal, knowing that to whatever hands confided, with corruption of time and party, its members would become despots. – Thomas Jefferson Letter To William Charles Jarvis. Monticello, September 28, 1820.

When words no longer mean what they mean, the Constitution becomes a Rorschach splotch, where justices can read anything into it they want to see and read out of it anything they want to see changed. My point here, though, is not to argue for an originalist interpretation, which I clearly support, but to point out how the Court’s role has veered from that intended by the Founders.