I haven’t waded into the big war between Randy Barnett, Prof. Bainbridge, Brett Marston, and others over the proper role of the courts; that isn’t to say I’m not interested, just that I haven’t had a chance to sit down and really articulate what I think. Then again, anyone who knows of my affinity for Federalist 10 would probably be able to guess that I’m firmly on the Barnett/Marston side of the debate. For another perspective, see Steven Taylor’s latest post.