Whether because or in spite of its limited constitutional specification—Article III consists of fewer than four hundred words, accounting for less than one-tenth of the 1787 Constitution as a whole—the federal judiciary is perhaps the premium site of constitutional politics in America. The judiciary, of course, is often the actor in the American political system—and, beyond that, in American society—most associated with the Constitution, but the robustness of its constitutional politics is less a function of its role in settling thorny constitutional disputes with...
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