The case for engaged justices

George Will
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Posted: Dec 06, 2010 9:50 AM
"The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the Constitution is written." - Marbury v. Madison (1803) Debates about judicial review concern the propriety and scope of judicial supervision of democracy and involve the countermajoritarian dilemma: How to square the principle of popular sovereignty with the practice of allowing appointed judges, accountable to no contemporary constituency, to overturn laws enacted by elected legislators? A case destined for the Supreme Court concerns the health-care law. The Constitution establishes a government of limited and enumerated powers. Which one empowers Congress to force individuals to purchase health insurance and to punish those who do not?