impact. >> how does an inactive congress make the court more powerful? >> well, the court does two kinds of cases. sometimes it decides what the constitution says. that's the last word. sometimes it just decides what a statute means. if it gets it wrong, congress is free to come back and overrule the court by just passing a new statute. of course, a polarized, gridlocked congress that doesn't pass any statutes makes the court even stronger in statutory cases too. >> put this in perspective as it pertains to that health care ruling. justice kennedy said of that decision in the minority descent that in calling the health care mandate a tax, he essentially -- the majority engaged in vast judicial overreach and decided to save a statute that congress did not write. is that what you're talking about here? >> that may be an aspect of it. the descent generally finds something wrong with the approach of the majority, as
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