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California Law Review
Article . 2004 . Peer-reviewed
Data sources: Crossref
https://dx.doi.org/10.15779/z3...
Other literature type . 2004
Data sources: Datacite
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Judicial Supremacy and the Modest Constitution

Authors: Schauer, Frederick;

Judicial Supremacy and the Modest Constitution

Abstract

Judicial supremacy is under attack. From various points on the political spectrum, political actors as well as academics have challenged the idea that the courts in general, and the Supreme Court in particular, have a special and preeminent responsibility in interpreting and enforcing the Constitution. Reminding us that treating Supreme Court interpretations of the Constitution as supreme and authoritative has no grounding in constitutional text and not much more in constitutional history, these critics seek to relocate the prime source of interpretive guidance. The courts have an important role to play, these critics acknowledge, but it is a role neither greater than that played by other branches, nor greater than the role to be played by "the people themselves."' The critics' understanding of a more limited function for the judiciary in constitutional interpretation appears to rest, however, primarily on a highly contestable conception of the point of having a written constitution in the first place. According to this conception, a constitution, and especially the Constitution of the United States, is the vehicle by which a democratic polity develops its own fundamental values. A constitution, therefore, becomes both a statement of our most important values and the vehicle through which these values are created and crystallized. Under this conception of the role of a written constitution, it would indeed be a mistake to believe that the courts should have the preeminent responsibility for interpreting that constitution. For this task of value generation to devolve

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
39
Average
Top 10%
Average
bronze