At Liberty Law Blog, Greg Weiner: The Constitutional Work Before Us. From the introduction:
The Supreme Court is lost. Sunday night’s debate settled that. The question now is not how to save the Court but rather how to navigate an adverse one, and the answer is to deprive it of power.
And in conclusion:
The current campaign has made the case for Congress in striking terms. The presidency can be seized by impulsivity. Corrupting five of nine justices—that is, corrupting them constitutionally, with inflated notions of importance—takes little imagination. That the most consistent complaint against Congress is inactivity is a compelling reminder of the difficulty of coopting the totality of the legislative branch. If power is the problem, then dispersal, and consequently Congress, is the answer.
There will be voices for constitutionalism in Congress next January. How many depends on how many more fires Trump or Clinton set. But there was no such voice at the debate Sunday night. So deprive those on the stage, one of whom will occupy the White House, of power. Deprive the justices that one of them will appoint of power. Then restore it to the legislative branch where, constitutionally, it already belonged.
Posted at 6:39 AM