333 - The Role of the Federal Judiciary

In Federalist Papers #78, Alexander Hamilton said that the the federal judiciary would be the branch of government least dangerous to our rights. But is that how the courts are working in the 21st century? What makes the courts today so injurious to our rights? We get a clue from current Associate Justice Elena Kagan in a speech she gave at a judicial conference in Montana this July. By comparing her statements to the Constitution and the writings of those who helped frame it, we should not only be able to answer what makes the court dangerous to our rights, but how to protect our rights from them.