“Americans accepted the Supreme Court judges’ ever-growing influence. So long as the judiciary was seen as independent from party politics, it could be trusted with more power than the Founders had granted it.”

Does the Supreme Court today function as the Founders intended? Nope, not at all, writes David Litt. “As justices’ lifespans increased and their tenures increased with them, each new appointment became more consequential…History shows us there are plenty of versions of the Court that are far less powerful than the one we have today.”

Get the Medium app

A button that says 'Download on the App Store', and if clicked it will lead you to the iOS App store
A button that says 'Get it on, Google Play', and if clicked it will lead you to the Google Play store