The United States Supreme Court was created in 1787 by the drafters
of the Constitution almost as an afterthought, and it did very
little in its early years. It soon turned out, however, that the
Founders had wrought far, far greater than they knew. They had
created a tribunal of Philosopher Kings. Surprisingly non-rigorous
processes selected The Justices who inhabit these pages, and many
have been barely suitable, or outright unsuitable for the job. For
every creative, elemental force like Justice John Marshall there
were many who did not belong on the Court, such as Justice Charles
Whitaker who wept because he couldn't make up his mind about the
cases he was called upon to decide. Most were, of course, competent
enough to do their jobs more or less acceptably. And that has been
the hallmark of our government institutions-do things well enough
for respectable survival, perform brilliantly if possible when
history demands, and correct your disasters with the benefit of
hindsight when God gives you the opportunity.
If the stories in this book seem familiar, there is a reason.
The Supreme Court is an intensely human institution, and we all
know what that is about.
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