Authors

Erwin Chemerinsky

In Defense of Judicial Supremacy

Abstract

“Judicial supremacy” is the idea that the Supreme Court should be viewed as the authoritative interpreter of the Constitution and that we should deem its decisions as binding on the other branches and levels of government, until and unless constitutional amendment or subsequent decision overrules them. This is desirable because we want to have an authoritative interpreter of the Constitution and the Court is best suited to play this role. Under this view, doctrines which keep federal courts from enforcing constitutional provisions—such as denying standing for generalized grievances, the political question doctrine, and the state secrets doctrine—are misguided and should be abandoned.

Repository Citation

Erwin Chemerinsky, In Defense of Judicial Supremacy, 58 Wm. & Mary L. Rev. 1459 (2017), https://scholarship.law.wm.edu/wmlr/vol58/iss5/3