Order in the Court

NOTHING is more important to the health of our political system and society than that limits be placed on the power of judges. There is no way that conservative or traditional policies can be restored or made to prevail in this country unless this is done. But how is it to be done? Alexander Hamilton, the original theorist of judicial review, argued that complete protection from abuse of judicial power lay in the fact that judges could be impeached. Only one Justice of the Supreme Court has ever been impeached, however, and he was not convicted, causing President Jefferson to declare that impeachment is a “farce,” “not even a scarecrow.” Indeed, given that Justices Brennan and Douglas, for example, were not impeached, it is hard to imagine who might be.

Supreme Court decisions can be overturned by constitutional amendment, but the United States Constitution is perhaps the most difficult in the world to amend. An amendment requires a petition by two-thirds of the states or a proposal by two-thirds of each House of Congress, and, in either case, ratification by three-quarters of the states.

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Lino A. Graglia

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NOTHING is more important to the health of our political system and society than that limits be placed on the power of judges. There is no way that conservative or traditional policies can be restored or made to prevail in this country unless this is done. But how is it to be done? Alexander Hamilton, the original theorist of judicial review, argued that complete protection from abuse of judicial power lay in the fact that judges could be impeached. Only one Justice of the Supreme Court has ever been impeached, however, and he was not convicted, causing President Jefferson to declare that impeachment is a “farce,” “not even a scarecrow.” Indeed, given that Justices Brennan and Douglas, for example, were not impeached, it is hard to imagine who might be.

Supreme Court decisions can be overturned by constitutional amendment, but the United States Constitution is perhaps the most difficult in the world to amend. An amendment requires a petition by two-thirds of the states or a proposal by two-thirds of each House of Congress, and, in either case, ratification by three-quarters of the states.