Who has the final say on the meaning of the Constitution? Most
agree that this power lies with the Supreme Court. From high school
to law school, students learn that the framers of the Constitution
designed the court to be the ultimate arbiter of constitutional
issues, a function Chief Justice John Marshall recognized in
deciding Marbury v. Madison in 1803. This provocative work
challenges American dogma about the Supreme Court's role, showing
instead that the founding generation understood judicial power not
as a counterweight against popular government, but as a
consequence, and indeed a support, of popular sovereignty.
Contending that court power must be restrained so that policy
decisions are left to the people's elected representatives, this
study offers a combination of remedies--including term limits and
popular selection of the Supreme Court--to return the people to
their proper place in the constitutional order.
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