Sandy writes, "One has a choice, I believe: To teach a course on whether one can really take the enterprise of constitutional interpretation seriously or a course on the institutional role (and behavior) of the United States Supreme Court. The latter is not without value, but I think the former is far more important." I'm not sure I understand the distinction Sandy makes. I believe the Supreme Court's constitutional cases depend little on doctrine and mostly on the political judgments of nine relatively bright people (like a council of elders). Assuming Sandy, and others agree, I think it is a difficult question how that view, if at all, should be presented to students. I do it rather overtly and tell my students not to be cynical but be realistic. A council of elders is a good idea (maybe), in a government of separated powers. But, I do wonder what others do.
Eric
