Constitutional disorder in the era of judicial supremacy: what can we do now?
Matthew J. Franck writes at Public Discourse:
In the era of judicial supremacy, our whole constitutional system is disordered by the prevailing view that the nation’s governing charter is fundamentally the property of unelected, unaccountable judges with power to shape and reshape it as they see fit. When the Constitution is “community property” again, we will all be much better off, even the justices themselves. In one sense, too much is at stake in judicial nominations so long as we continue to believe this disfiguring myth. We must struggle endlessly over getting the “right” judges—or the “left” ones, as the case may be—until we accomplish the one thing needful, a real renaissance of authentic constitutionalism. Only by raising the stakes in judicial nominations can we have any hope of lowering the stakes in the six dozen or so cases that the Supreme Court decides each year.
Franck’s previous installment: Constitutional Disorder in the Era of Judicial Supremacy: The Founders’ Understanding of the Court