By Neal Devins

ISBN-10: 0195171225

ISBN-13: 9780195171228

ISBN-10: 1423720660

ISBN-13: 9781423720669

During this attention-grabbing debunking of judicial supremacy, Devins and Fisher argue that nonjudicial contributions to constitutional interpretation make the structure extra solid, extra in step with constitutional ideas, and extra protecting of person and minority rights. This hugely readable narrative of ways the court docket and elected officers paintings in live performance with the yankee humans to form constitutional values is a powerful confirmation of public participation within the political procedure.

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Finally, when it comes to impeachment and other matters that the Supreme Court deems unreviewable “political questions,” Congress speaks the first and last word on the Constitution’s meaning.

I need hardly point out to my colleagues that the founding fathers contemplated three 24 THE DEMOCRATIC CONSTITUTION strong and independent branches of government—legislative, judicial and executive—each of which was, insofar as possible, to tend to its own knitting. That means that the legislative branch, which is Congress, should do the legislating. When this delicate system of checks and balances is thrown out of balance, as I believe it is [by the decision here,] the very foundation of our Republic is endangered .

A particularly vivid example of the power of interest groups to shape constitutional decision making is the effort of state and local officials to push their views before Congress and the White House. 51 An incident in President Clinton’s second term underscores the capacity of state and local organizations to protect their interests. In 1998, Clinton issued an executive order on federalism, setting forth a number of principles to define the boundaries between the national government and the states.

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The Democratic Constitution by Neal Devins


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