Debates over judicial review and constitutional interpretation only stand to benefit from deeper reflection on the type of political community the Constitution established. The Political Constitution invites us to take the word republic, and its vision of self-government, seriously.
47 search results for: judicial supremacy
Though Legislated Rights is primarily written for legal philosophers, it bears important lessons for all who work to secure human rights in law. It challenges conventional views about the supremacy of courts in specifying and vindicating rights, arguing that legislatures can best accomplish this task.
Decisions of the Supreme Court that go beyond power delegated to the judicial branch or are contrary to the Constitution are null and void. To protect our constitutional republic, citizens, states, and the other branches of the federal government must resist any such decision.
Conservatives should defend the Constitution and the rule of law, but they should not defend judicial supremacy. The Constitution—not the Supreme Court—is our country’s highest authority.
Those who oppose judicial supremacy follow in the footsteps of Abraham Lincoln himself.
Faced with an increasingly democratic political system, American elites have turned to the courts as an alternate means of enacting their political and constitutional agenda.
If we want to lower the stakes of winner-take-all Supreme Court battles, we must search for justices who reject the notions of judicial activism and judicial supremacy. The second in a two-part series.
Judicial supremacy is inimical to the separation of powers, to republicanism, and even to constitutionalism and the rule of law. The upcoming confirmation hearings for Sonia Sotomayor should force citizens to reconsider the place of the Court in our political life. The first in a two-part series.
To faithfully apply the original public meaning of liberty protected by the Constitution—that is to say, to be a faithful originalist—one must acknowledge that both a contractarian view of individual liberty and a Whig view of the liberty to make laws were held by the founding generation.
A group of distinguished conservative public servants, policy makers, and political operatives has signed an amicus brief saying the US Constitution requires the states to redefine marriage. They argue that this is the truly conservative position—but it takes quite a bit of logical contortion to accept their argument.
Criticism that Republican justices have only hurt the pro-life cause is misguided, because Republican presidents from Reagan onward have deliberately tried to advance judicial conservatism through federal court appointees—a commitment that has brought victories both for judicial conservatism and the pro-life cause. The second of a two part series.
President Obama’s recent quips about “judicial activism” do not amount to arguments. They are shallow sloganeering.
Originalism must guard against an overconfident reliance on history. Restraint and judicial caution are needed in an age of judicial overreaching.
Chief Justice John Roberts complained five years ago, in the Obergefell marriage case, of some of his colleagues’ “extravagant conception of judicial supremacy.” To understand how such a conception has come to grip the judicial mind, studies of some of the Supreme Court’s most notable cases make for instructive reading.
This week’s decision in the Prop 8 case is a desperate appeal to Justice Kennedy, and the latest assault of judicial supremacy.
For ten years, Public Discourse has drawn on the insights of academics and scholars, political and legal advocates, and men and women of letters to offer the reading public thought-provoking reflections on the timeliest issues and the most timeless dilemmas of our public life.
Same-sex parenting advocates are calling on states’ rights to define the legal relationship between parent and child. What they seek is the power to write the record of a child’s origins and to determine a fundamental aspect of a child’s identity.
Any scholar or commentator who truly worries about the prospect of fascism or nationalist tyranny should favor the restoration of a more robust American federalism, with more powers exercised by the states and fewer powers assigned to the national government.
Justice Antonin Scalia, an originalist, famously held that the Constitution neither permits nor prohibits abortion. On the contrary, unborn babies are “persons” within the original public meaning of the Fourteenth Amendment, and they are consequently owed due process and equal protection on constitutional grounds.
The framers deliberately gave the president independence, unity, and vast powers. This is only a problem if the office is badly filled.
Whenever a Republican president nominates a judge to the Supreme Court, progressives muse loudly about the importance of stare decisis, the principle governing the law of precedents. All they are worried about is the overturning of Roe v. Wade. In fact, stare decisis does not demand blind adherence to poorly reasoned rulings in the mold of Roe.
There comes a time where gross disregard for human life and for our constitutional order should stir us from docile obedience and impel us to resistance.
Seeing in our contemporary politics the revival of Douglas Democracy in all its anxieties about freedom—and seeing it make such headway in Lincoln’s political party—is disheartening in the extreme. The imperative of learning from Lincoln, as Allen Guelzo’s work brings him to us, has never been stronger.
With the death of Antonin Gregory Scalia the nation has lost one of its greatest jurists and a man who embodied the principle of fidelity to the Constitution.
As a legal opinion, Obergefell is an utter failure, relying as it does on a tenuous and historically ungrounded jurisprudence of “dignity.” The debate over same-sex marriage is not over. A constitutional ruling so shoddily reasoned, so completely and easily dismantled by the dissents, must paper over a cause that cannot ultimately win in an open debate.