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.
Author: Matthew J. Franck (Matthew Franck)
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Constitutional Disorder in the Era of Judicial Supremacy: The Founders’ Understanding of the Court
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.
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Law, Feelings, and Religion at the Bar in Iowa
The Supreme Court of Iowa’s decision to redefine marriage abandons reason and replaces it with feelings as the standard of public consensus.