Writing in the New York Times, Professor Barry McDonald argues that the Supreme Court is better off with just eight Justices, even if that means that the Justices are unable to decide some of the most important cases that come before them. To justify his proposal to leave the Supreme Court paralyzed, McDonald claims that, at the Founding, “the judicial branch was something of an afterthought,” and “judicial review, in the modern sense, did not exist.” McDonald’s argument is dead wrong.
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There is no right protected by more provisions of the Constitution than the right to vote. Nonetheless, as Americans prepare to go the polls to elect a new President, the right to vote is under sustained attack. Fifteen states, including battleground states like North Carolina and Wisconsin, have new or tougher voter identification laws in place for the first time this election.