Source: Law & Liberty
by John O McGinnis
“AConstitution that divides power among three branches and between the federal government and the states needs an umpire. Politicians, responding either to their own interest in expanding their authority or to public passions, will frequently overstep constitutional boundaries. Through judicial review, the Supreme Court therefore serves as a neutral arbiter charged with maintaining the Constitution’s boundaries. But the Court itself is an institution that must respect its own boundaries. Thus, in every constitutional case, the preliminary question is whether the Court can reach and resolve the constitutional issue in a manner consistent with the proper limits on its own power. This term, in two of its most notable cases, Trump v. Barbara and Trump v. Cook, the Court transgressed those constraints.” (07/23/26)