We the People, Volume 1: Foundations by Bruce A. Ackerman

Author:Bruce A. Ackerman [Ackerman, Bruce A.]
Language: eng
Format: epub
Tags: Law, General, History, United States
ISBN: 9780674736597
Google: 7SBFCQAAQBAJ
Publisher: HarvardUP
Published: 1993-03-15T21:30:54+00:00

Judicial Review

But is there a final “precaution” that might strengthen the constitutional forms at moments of factional vulnerability? Can’t we design an institution that gives incentives to its incumbents to intervene on the side of the Revolutionary generation when factional leaders assault the People’s earlier constitutional achievements?

Here is where the judges enter. When Publius takes up the Supreme Court late in the series of Papers, he treats it for what it is—just another institutional implication of the general theory of dualistic politics that has been developed throughout. When factional politicians break through constitutional constraints, the judges should invalidate their proposed statutes and expose them for what they are: mere stand-ins for “the people themselves”. Only the People can change the Constitution, and the judges must prevent Congress from making basic changes unilaterally:

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