ABSTRACT
One of the central responsibilities of the judiciary in exercising its constitutional power is to help keep the other arms of government democratic in their procedures. The Constitution should guarantee the democratic legitimacy of political decisions by establishing essential rules for the political process. The Supreme Court, with other courts, refuses to decide a suit if the judges conclude that any point essential to a rightful disposition of the litigation has a "political involvement" in which the judiciary should not get tangled. Judges who are persuaded of obligation to act will have no difficulty in finding justification for their acts in the Constitution's language. The disagreement among judges about preferred position is paralleled by differences among lawyers and teachers of law. If the judges resolve to enlarge their grasp of constitutional issues, they will have a wide range of alternatives from which to choose in devising new rules to replace those that govern them now.
