Judicial Supremacy

Judicial Supremacy - Judicial Supremacy Who interprets...

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Judicial Supremacy Who interprets?? - Judicial supremacy is the most familiar answer o Anti-federalists during ratification feared the new constitution would impose a government by judiciary on a free people o Hamilton’s response was that judicial review secures the supremacy of the people, not the judges By securing the supremacy of the Constitution (the law of the people) over legislation (the ordinary law of their agents), courts insure supremacy of the people ** controversial b/c it assumes an unchanging identity of We the People and assumes that judges will put their personal preferences aside Justification for this Model - 1 part comes from Justice John Marshall in Marbury v. Madison o Marshall said that Article 6 says the Constitution is superior to ordinary laws o It is the duty of the judicial department to say what the law is o Therefore judges must prefer the fundamental law of the Constitution to ordinary laws when necessary to decide cases before the courts ** This is the authority of a court to refuse to enforce a law who’s constitutionality is in question -> this is what may be meant by judicial review, meaning that elected officials are free to act on their own interpretations of the Constitution in future cases. By this, justices are not bound judicial interpretations as precedents (stare decisis) and any elected official is free to act on their own interpretation in future cases and can disregard other precedents
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This note was uploaded on 03/31/2008 for the course PSCI 3364 taught by Professor Wdmoore during the Spring '07 term at Virginia Tech.

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Judicial Supremacy - Judicial Supremacy Who interprets...

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