If there has ever been a case that could vindicate the Supreme Court as a guardian of liberty or incriminate it as freedom’s thief, it is the court’s present consideration of the Affordable Care Act.

At the founding of the republic, the Anti-Federalist opponents of the Constitution warned that to grant the power to declare laws unconstitutional to an unelected and life-tenured Supreme Court could subvert the democratic republic and threaten our liberties.