Reconsidering Judicial Finality: Why the Supreme Court Is not the Last Word on the Constitution - Softcover

Louis Fisher (author)

Softcover

ISBN 10: 0700636072 ISBN 13: 9780700636075

Publisher: University Press of Kansas, 2023

Synopsis

Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the “unalterable fact,” as Chief Justice Rehnquist once remarked, “that our judicial system, like the human beings who administer it, is fallible.” And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions.

In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court’s decisions have, of course, been challenged and reversed in numerous cases―involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings―and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison, to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court’s decision in Citizens United, Fisher’s work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history.

The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court’s nine justices as democracy’s last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government―and, finally, to the American people.

About this title

About the Author

Louis Fisher is scholar in residence at The Constitution Project in Washington, D.C., and visiting scholar at the William and Mary Law School. From 1970 to 2010 he served in the Library of Congress as senior specialist in separation of powers at Congressional Research Service and specialist in constitutional law at the Law Library. His many books include Constitutional Conflicts between Congress and the President, Sixth Edition, Revised; Presidential War Power, Third Edition, Revised; Military Tribunals and Presidential Power, winner of the Richard E. Neustadt Award; and Supreme Court Expansion of Presidential Power, all from Kansas.

Edition details

• Publisher: University Press of Kansas
• Publication date: 2023
• Language: English
• ISBN 10: 0700636072
• ISBN 13: 9780700636075
• Binding: Paperback
• Number of pages: 288