Neil Gorsuch: “The role of the judge is to say what the law is, the great Chief Justice Marshall declared in Marbury v. Madison.”

We divide power in a way that was quite unique. Federalism. You can think of separation of powers as having a horizontal axis and a vertical axis.

Congress has also delegated to them vast legislative and judicial powers.

Doesn’t it entangle the state tremendously when it has to go into a soup kitchen, send an inspector in, to see how much prayer is going on?

Apart from pointing to habitual drunkard laws, the government has not even attempted to prove that any other specific historical principle might justify its prosecution in this case.