Thursday, September 16, 2004
I've posted about judicial supremacy several times. The latest post is here and it links to my earlier posts. The cumulative thrust of the posts is twofold: First, the logic of the Constitution gives the Supreme Court the last say in the making of law. Second, I come to that conclusion reluctantly because of the tendency of the judiciary to make law rather than interpret it. The ways in which the judiciary justifies its legistlative tendencies are enumerated nicely here, in a piece by law professor Gene Straughan entitled "The Politics of Interpretation." In it, Straughan enumerates the extra-constitutional bases of much judicial law-making (e.g., upholding "compelling government interests") and analyzes the relationships between the Supreme Court's decisions and its ideological makeup.