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It was widely foretold that our Republic, like all its predecessors, would be torn apart by mistrust and unrestrained political rivalry dismembering its institutions.1 There were times past when this seemed to be happening and yet did not. So here we are, two centuries and more later, still a constitutional democracy. For a century, we have fought wars in its name and have propagated the idea in a hundred countries. As I write, our government is actively engaged in promoting democracy in Malaysia and Iraq.2 It is curious that such a moment of success would also be a time for bitter recrimination among our political leaders. Especially so, given that the substance of the issues dividing us seem relatively inconsequential compared to those on the public agenda in earlier times when mistrust and incivility were high, when bitterness could be explained as a reaction to external threats, severe economic conditions, or slavery and its vestiges. How do we account for the ugliness presently besetting our politics? It is possible that our present troubles are chiefly caused by forces too deeply set in the culture to be usefully addressed by legal or political means. Thus, it seems likely that some part of the elevation of mistrust is caused by the collapse of the Soviet Union, an event depriving us of a compelling reason to trust one another.3 It also seems likely that the demise of the family is a con-

Judicial Independence and Democratic Accountability in Highest State Courts