Judging from the names bandied about in the press, the next couple of Supreme Court picks will be like the ones who have gone before. That’s a shame, but it need not be a tragedy. The justices—both old and new—need to remind themselves of a few simple truths. The Constitution guarantees a fair criminal process. That should mean a modest number of basic guarantees, defined as clearly as possible. Beyond the basics, legislators, prosecutors, and police officers should be free to experiment. The criminal justice system desperately needs innovation. Constitutionalizing everything five justices can agree on stifles innovation. If President Bush wants good results in this piece of the legal landscape, he should appoint justices who will let the real reformers do their jobs.
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