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- Title
THE COURT AND THE CONSTITUTION.
- Authors
RINGHAND, LORI A.
- Abstract
Americans do not want the Supreme Court to be just another political insititution. This is apparent in the lukewrm reponse to even modest proposal to chante the structure of the Court, such as limiting the terms of its justices or changing its size. The pratisan overlay of this reaction is obvious, but the purpose of this Essay os to highlight an additional barrier to change: the dominance of originalist rhetoric in American constitutional discourse. The rhetoric of originalism has successfully tapped into many Americans' Deeply held exectitions about the role of the Court and the Constitution as a unique and law-based actor. In doing so, it has crowded out alternative and more realistic stories of the value the Supreme Court actually adds to our system of self-government, making it difficult for proposals to chant the Court to get traction in the public imagintion. But the Consitution itself position the Court within our system of checks and balances, not outside it. Reminding Americans of the ways the Constitution balances judicial independence and judical accountability to constrain judical overreach enables Supreme Court-reform advovates to reclaim the narrative--and, perhaps, the initiative--in the ongoing American debate about the Court and Consitution's role in our system of self-government.
- Subjects
UNITED States. Supreme Court; JUDGES; LAW reform; UNITED States. Constitution; JUDICIAL independence; JUDICIAL accountability; POLITICAL autonomy
- Publication
Wisconsin Law Review, 2023, Vol 2023, Issue 2, p547
- ISSN
0043-650X
- Publication type
Article
- DOI
10.59015/wlr.IQCA1741