This is part of Amicus and Slate’s “By the People” series, which explores how the American people can reclaim the Constitution—and the law—from this monarchical Supreme Court. I think you also have, as this is all happening, a kind of professionalization of the Supreme Court. In that sense, the court works hand in glove with the American people to create this mythology of the oracular balls-and-strikes court. So later in the 1860s, you have efforts to say, “Oh, the court can only overturn laws of Congress with a supermajority.” AdvertisementAdvertisementAdvertisementPeople have to get more comfortable with asserting things that they believe to be true about the Constitution, right?