Standing and procedure are essential for the protection of the Constitution

This brief note is in response to comments by representatives for the Trump campaign that maintaining the structure of the law is somehow a dodge. In Federalist 78, Hamilton makes a comprehensive account of the system of courts that we could come to enjoy, even if some of those innovations were decades away. Federalist 80 describes the case for original jurisdiction, which is also fundamentally limited to things like territorial disputes or cases involving foreigners. Federalist 83 makes it explicit that the common law system is…