Court Jesters

THE men who wrote the U.S. Constitution dreaded an imperial President, and they feared an unrestrained Congress. Either could destroy the new democratic Republic. So they established an ingenious system of checks and balances to prevent either branch from encroaching too far on the prerogatives of the other. But the Founders considered the judiciary to be inherently the weakest branch of government. They never contemplated what has happened-a willful judiciary that is fencing voters and their elected representatives out of the decision-making process.

Abuse of power by the Supreme Court has long been a serious concern. But the stakes are magnified by the reelection of President Bill Clinton. Mr. Clinton is likely to have the opportunity to nominate one or more members of the High Court. Presumably, he will be inclined to appoint activist Justices whose presence on the Court would aggravate an already untenable situation.

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William L. Armstrong

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THE men who wrote the U.S. Constitution dreaded an imperial President, and they feared an unrestrained Congress. Either could destroy the new democratic Republic. So they established an ingenious system of checks and balances to prevent either branch from encroaching too far on the prerogatives of the other. But the Founders considered the judiciary to be inherently the weakest branch of government. They never contemplated what has happened-a willful judiciary that is fencing voters and their elected representatives out of the decision-making process.

Abuse of power by the Supreme Court has long been a serious concern. But the stakes are magnified by the reelection of President Bill Clinton. Mr. Clinton is likely to have the opportunity to nominate one or more members of the High Court. Presumably, he will be inclined to appoint activist Justices whose presence on the Court would aggravate an already untenable situation.