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Judicial Supremacy and the End of Judicial Restraint
2012Judge Posner provides a characteristically thought-provoking analysis of judicial restraint. Unfortunately, by attributing the origin of the doctrine to James Bradley Thayer, Posner misunderstands the concept. For Thayer was not making a new argument.
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The Politics of Judicial Supremacy
The Journal of Law and Economics, 1961As A MATTER of history modern democracy and the competitive political party system arose together. The fascists and the communists have shown that they die together. Indeed it seems reasonably clear that democracy cannot exist on a national scale without an effective party system.
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Judicial Supremacy and Nationhood
2001Abstract It is no accident that proponents of judicial supremacy use a word like “anarchy” in describing the alternatives. The deeper fear raised by the possibility of unsettled constitutional meaning is of open conflict and legal chaos.
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Of Judicial Supremacy and Academic Inadequacy
Constitutional Commentary, 2001Guest column in editors' But cf ...
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The Struggle with Judicial Supremacy
1998Abstract In the summer of 1937, the Four Horsemen began to put themselves out to pasture. Justice Van Devanter retired June 2, 1937; Justice Sutherland followed him on January 18, 1938. Due to illness Justice Butler did not participate in any of the cases heard during the 1939 term; he died in Washington on November 16, 1939.
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Judicial Supremacy and Stable Meaning
2001Abstract If it is true that the strong nationalism presently prevailing in our political culture is partly a function of a yearning for the security of comprehensive legal prescription, then the modern rejection of robust federalism is being driven by some of the same underlying impulses as our contemporary fixation on constitutional law
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Judicial Supremacy and Its Discontents
Constitutional Commentary, 2003This essay examines judicial supremacy and some of its discontents, old and new. Part I surveys the curiously quiet posture of the public and their representatives today on the issue of judicial supremacy. Part II contrasts this quiet with other eras when neither the people nor their representatives willingly accepted judicial supremacy.
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