[Jacquerie]

<>How did the Republic come to this pass wherein nine or fewer judges ARE the Constitution of the United States?<>

Coming from you, that was without doubt a rhetorical question to which you know the answer.

But I'll bite anyway and blame the 17th Amendment.

[arthurus]

The acceptance by the nation of the Marbury vs. Madison decision. The 17th likely made it impossible finally to undo M v. M.