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Disagreement As Departmentalism or Judicial Supremacy in Stare Decisis
Social Science Research Network, 2023The role of stare decisis in constitutional law is a ubiquitous one. It shows up almost everywhere, leaving controversy and chaos in its wake. Yet despite the prominence of stare decisis, its jurisprudence remains perpetually unsettled. The Supreme Court
Jonah Charles Ullendorff
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Textualism, Judicial Supremacy, and the Independent State Legislature Theory
Social Science Research Network, 2022This piece offers an extended critique of one aspect of the so-called “independent state legislature” theory. That theory, in brief, holds that the federal Constitution gives state legislatures, and withholds from any other state entity, the power to ...
Leah M. Litman, K. Shaw
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, 2021
The Supreme Court of the United States often finds itself at the center of political controversies due to the increased judicialization of value and policy matters.
John Banister
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The Supreme Court of the United States often finds itself at the center of political controversies due to the increased judicialization of value and policy matters.
John Banister
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Popular Constitutionalism Versus Judicial Supremacy
Taking Back the Constitution, 2020openaire +2 more sources
Bench over Ballot: The Fight for Judicial Supremacy and the New Constitutional Politics, 1910–1916
The Journal of the Gilded Age and Progressive Era, 2020The nature of American constitutional politics was forever changed during the Progressive Era. In the nineteenth century, the process of constitutional interpretation was a vague and decentralized enterprise balanced between the courts and the public ...
Logan S. Istre
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Social Science Research Network, 2019
In this essay, I intend to advance two primary ideas. In the first part, I argue that originalism, as a judicial philosophy incubated as a conservative reaction against the legislative excesses of the Warren Court, is intrinsically wedded to two core ...
J. Perkins
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In this essay, I intend to advance two primary ideas. In the first part, I argue that originalism, as a judicial philosophy incubated as a conservative reaction against the legislative excesses of the Warren Court, is intrinsically wedded to two core ...
J. Perkins
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Judicial Restraint (and Judicial Supremacy)
2022Abstract Debates in constitutional democracies over “restraint” (versus “activism”) in judicial constitutional review have typically turned on a bedrock political value of democracy. The debates may also, however, be understood in the light of a different bedrock value, that of political legitimacy.
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15 Popular Constitutionalism Versus Judicial Supremacy
Taking Back the Constitution, 2020openaire +2 more sources