Commentary
Many Americans complain when the courts allow Congress and federal officials to violate the Constitution. Why does that happen?
There are several reasons, but here’s one that few people appreciate: Often when judges are called on to interpret a word or phrase in the Constitution, they must render their decision without knowing what the word or phrase really means.
This sounds strange: After all, judges usually decide points of constitutional law only after lawyers for both sides have argued and briefed the case. In addition, the Supreme Court and other appeals courts often have the advantage of briefs submitted by amici curiae (Latin for “friends of the court”). Amici curiae are outside parties with an interest in the case and something useful to say about it….