WHY did the Founders bother toiling in the summer heat of Philadelphia in 1787 writing a Constitution when they could have relied on the consciences of Supreme Court justices like Anthony Kennedy instead? Kennedy is the court's most important swing vote and its worst justice. Whatever else you think of them, a Justice Antonin Scalia or Ruth Bader Ginsburg has a consistent judicial philosophy - while Kennedy expects the nation to bend to his moral whimsy. With apologies to Louis XIV, Kennedy might as well declare la constitution, c'est moi!
