Courting trouble: liberal overdependence on the courts, combined with an obsessive preoccupation with church-state symbolism, has reached its limit.

JUDGING FROM THE VIEWS OF MY respected co-authors in this report, American democracy stands indicted for its performance in November's election. Yet in several important respects, the system performed better in 2004 than it has in years. That's not easy for me to say after such a disheartening election day.

But you cannot measure the health of a democracy simply by who wins. Voter turnout increased by an astonishing 12 percent, adding 15 million new voters, many from the inner cities. Racial minorities and younger voters turned out in larger numbers than ever before. The two major ...

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