Two justices, in service to an abstract vision of the Constitution that was rejected by the Supreme Court nearly one hundred years ago, would shred much of America's ability to conduct diplomacy and destroy our credibility on the international stage.
"The generally accepted notion that the court can only hear roughly 150 cases each term gives the same sense of reassurance as the adjournment of the court in July, when we know the Constitution is safe for the summer." -- Future Chief Justice John Roberts, April 19, 1983
An Act of Congress limiting the president's power to strike Americans won't prevent people like John Yoo from claiming that the president can flout the law, but it will leave no doubt that the president is acting illegally if they do so.
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The upshot of today's opinion is that Kennedy and his fellow conservatives have finally begun a project they were expected to begin the day Justice O'Connor retired. By the time this project finishes, it is unlikely that many limits will remain on overt government endorsements of religious faith.