Default Fellow

Lawrence Alexander

Biography: 

Warren Distinguished Professor of Law, University of San Diego

Filter By:

Recent Commentary

THE HIGH (AND MIGHTY) COURT: Judicial Supremacy

with Lawrence Alexander, Robert P. Georgevia Uncommon Knowledge
Monday, October 27, 2003

Did the framers of the United States Constitution intend that the Supreme Court be the sole and final interpreter of the Constitution, with the power to place binding decisions on the executive and legislative branches? Or did they intend that the Supreme Court have the final say only on the legal cases that came before it, thus permitting the executive and legislative branches to have wide latitude in interpreting the Constitution for themselves? The former view, that of judicial supremacy, is the dominant view of the Supreme Court today, accepted, for the most part, both within government and in society more generally. Is this view supported by the Constitution? If not, why and when did it arise? Should we support judicial supremacy, or is it time to rein in the Supreme Court?