And here the danger arises. Political motivation and intent rather than measured, judicious consideration creates the unelected ruling body that the Founding Fathers so desperately sought to avoid. In Federalist No. 78, Hamilton argued that the judiciary should be the weakest branch, that it should render only judgments, and that it, of all branches, would “always be the least dangerous to the political rights of the Constitution” because it would “be least in a capacity to annoy or injure” those rights — including the ability to elect or vote out lawmakers. An activist court which invents or rewrites laws undermines such stability and guarantees. But Kavanaugh is in line with the Founding Fathers.