Judicial policymaking, rejected by the Framers, enhances presidential power

Judicial policymaking, rejected by the Framers, enhances presidential power

It is an irony of American legal history that the U.S. Supreme Court, armed with the power of judicial review to police constitutional boundaries, has rendered decisions, grounded in the justices’ own policy preferences, that have increased presidential power to a degree that constitutes an extraordinary transformation. The framers could not have dreamed that the judiciary, which Alexander Hamilto...