Eric writes: 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.
But, of course, many, many other governmental actors, not to mention citizens, strategists for mass movements, etc., make "constitutional" decisions of some import, and it is extremely important that students be inoculated against the disease of judicial exclusivism (which is even worse than judicial supremacy).
sandy
