Before daring into this analysis, I should cite my background for it. I was chief of staff for U. S. Supreme Court Chief Justice Warren Burger, working for or with the “Chief,” as we called him, for nine years. I was also Staff Director of the bipartisan presidential Commission on the Bicentennial of the U. S. Constitution. Elsewhere, I have published several articles and given many lectures on the Constitution.

Prime Minister Benjamin Disraeli said near the end of the 19th Century that the U.S. Constitution was “the most remarkable political document ever penned by the hand of man.” Yes, “political,” but not necessarily legal document. I say this because I believe the U.S. Constitution is seriously flawed in one major regard:  the selection, limitations, and control of Supreme Court justices.