Leaders | The Supreme Court

America’s highest court needs term limits

Deepening partisanship is bad for the court and bad for America

THE judiciary, wrote Alexander Hamilton in Federalist Paper 78, “may truly be said to have neither FORCE nor WILL, but merely judgment...[It] is beyond comparison the weakest of the three departments of power.” For much of American history, politicians saw the Supreme Court as a backwater. John Rutledge, one of the first justices appointed by George Washington, resigned to become chief justice of South Carolina. Not until 1935 did the court have a building of its own. Today it occupies a central and increasingly untenable position in American life (see Briefing).

This article appeared in the Leaders section of the print edition under the headline “Weak is strong”

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