Two alarming books on the power of America’s Supreme Court
But the criticisms in “The Supermajority” and “The Shadow Docket” are different
The Supreme Court of the United States did not start out as the powerful, at times imperious, institution of today. Under the Articles of Confederation of 1777, there were no federal courts at all. The third branch added by the constitution in 1789 was, at first, something of a third wheel. The justices met in the basement of the Capitol when the government moved to the District of Columbia in 1800. Congress paid the Supreme Court little courtesy, sending justices to “ride circuit” over the summer and even cancelling their term from April 1802 to February 1803.
This article appeared in the Culture section of the print edition under the headline “Runaway justice”
Culture June 10th 2023
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