How should the United States Supreme Court arrive at decisions? Should it look to the founding fathers and take a literal approach, treating the US constitution as a dead piece of parchment? Or should it accept the flaws in the founding documents, as well as in those who created them, and take a more flexible view? Justice Scalia posed the question, “Who made you king?” when referring to activist judges who “read between the lines” to find new rights. Yet, ultimately, the answer to that question is that founding fathers did, by creating a system that was rigid and difficult to change, thrusting the court into the unenviable position of umpire.

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