the irish-american bartender, mr. duly and mr. dooley always speaks with his irish brogue which unfortunately i cannot imitate but his most famous of his statements referred to cases growing out of the spanish-american war, and the issue was, did the american constitution apply in the territories that we acquired from spain? and in the short form of it was, does the constitution follow the flag? the democratic party's platform in the 1900 election was that the constitution does follow the flag. the supreme court in a 5-4 set of opinions held that the constitution does not fall-- follow the flag and dunn as mr. duly telling a customer, that i don't know whether the constitution follows the flag or not, but i do know that the supreme court follows the election returns. [laughter] and i think that is as fundamental and insight about the supreme court is you can get. now, remember it is a nine member body, or at least that has been since 1870 and that doesn't mean all justices are following the election returns, but it does mean that majority are, and i think that that has been a truism throughout american history with a single, huge exception. in 1935 and 1936, the supreme court threw out ten freshly minte