The framers of the Constitution understood political power with a level of sophistication unmatched in their era. In a matter of months, 55 delegates constructed a governing framework that has outlasted monarchies, empires, and ideological revolutions. Nearly 250 years later, the United States remains the most stable and influential republic in the world because the framers designed a system that restrains ambition, divides authority, and prevents any single institution from controlling public life.

Even they failed to anticipate one danger: the extent to which the judicial branch could grow into a dominant force.

In Federalist No. 78, Alexander Hamilton described the judiciary as the “least dangerous” branch—lacking the purse of Congress and the sword of the executive. The courts, he argued, possessed “judgment” but neither political will nor enforcement power. His argument, however, assumed a judiciary insulated from politics and committed to interpretation rather than activism. That assumption no longer reflects reality.

Over several decades, the judiciary has shifted from a neutral arbiter to the most influential and least accountable branch of government. This transformation began with the politicization of judicial nominations and expanded into a broader legal culture that increasingly treats courts as policymakers rather than guardians of constitutional........

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