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" "Every judge who has sat on a case involving a constitutional claim must have surely experienced the feeling that the particular law being challenged was either unjust or silly or vindictive. It is unfortunately all too easy to translate these visceral reactions into a determination to find some way to hold the law unconstitutional.
William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer and jurist who served on the Supreme Court of the United States for 33 years, as an associate justice from 1972 to 1986 and as Chief Justice from 1986 until his death in 2005. Considered a conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states. Under this view of federalism, the court, for the first time since the 1930s, struck down an act of Congress as exceeding its power under the Commerce Clause.
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The court has built a great deal of prestige, and I think is generally quite well thought of as a public institution in the country. It is always possible for the court to overreach its proper bounds and perhaps declare a lot of laws unconstitutional and frustrate the will of the majority in a way that it ought not be frustrated. In that sense, it poses a danger, but not the same sort of perhaps very active danger that a run-away Congress or runaway executive would.
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All of these factors are subsumed to a greater or lesser extent by observing that the Supreme Court is an institution far more dominated by centrifugal forces, pushing toward individuality and independence, than it is by centripetal forces pulling for hierarchical ordering and institutional unity. The well-known checks and balances provided by the framers of the Constitution have supplied the necessary centrifugal force to make the Court independent of Congress and the president.