it [i.e., the Supreme Court] Consideration have to be paid to the structure, whether or not it has a giant or small C, written or unwritten (or each), as a result of it’s the structure of a society and represents the essential distribution of energy inside that society. It’s in its structure {that a} society accepts the plain truth that each resolution should finally be made based mostly on somebody’s stewardship, prudence, and specific judgment, however in actuality few selections could be made by everybody on the similar time to guage. It’s within the structure {that a} society acknowledges that everybody is succesful in precept of accepting the Olympian view, however that in actuality most individuals will really feel in a different way in the case of accepting that view. In brief, a structure is a crucial and prudent association for the allocation of powers to undertake a prudent angle. If courts ignore the bounds of their very own scope of prudential judgment, then courts, like everybody else, will fail to respect constitutional prudence.
Charles Freed, Two Ideas of Curiosity: Some Ideas on the Supreme Courtroom’s Balancing Check, 76 Huff. L. Rev. 755, 772 (1963).
