What is remarkable about America is not our Constitution or Bill of Rights — some of the most illiberal of countries have had great paper protections — but the very structure of divided government contained within the Constitution. This division of power was intended to preserve individual liberty by requiring each branch of government to work in concert before freedom could be abridged.
With the retirement of Justice Anthony Kennedy, so often a swing vote on the Supreme Court, the Left has begun to argue that a Trump appointment will swing the “balance” of the Supreme Court to the right. But all of this talk about a “balanced” court obscures the important point: We need to restore the Constitution's checks and balances on the judiciary.
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