The Court comes down to Constitutional issues, all else is simply a screaming match. The American Spectatorputs it well.
Lost is this kind of debate is what should be its proper focus: a debate over governmental structure. In short, we are increasingly losing sight of what our Constitution actually is.
Our federal Constitution is in form a governmental charter (as are state constitutions, but leave them aside here). The Framers of 1787 had studied history intently, and derived lessons from earlier efforts to form a just government, from ancient Greece and Rome to the Articles of Confederation.
Thus, its first three Articles divide powers into legislative, executive, and judicial. Legislators make laws; the executive administers and enforces them; and the judiciary interprets…
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