4 ms·
Judicial supremacy is the idea that the judiciary is the sole arbiter of constitutional meaning. Lincoln, reacting to a ruling that upheld that black slaves “ha
by beezlebroxxxxxx 3y ago
Judicial supremacy is the idea that the judiciary is the sole arbiter of constitutional meaning. Lincoln, reacting to a ruling that upheld that black slaves “had no rights which the white man was bound to respect" said:
> The candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
Which is actually more nuanced than just "you can ignore the supreme court whenever." Instead, it's articulating the idea that the SC has to be balanced with congress and elected officials. The idea that the SC is the sole arbiter of constitutional meaning grates against the democratically elected power of congress and the executive. An SC that constantly rejects congress risks overstepping and delegitimizing it's very power and role. For instance, congress might simply ignore a ruling, or strip its jurisdiction over certain matters, or it might change the size of the court. This of course could equally backfire on congress and the president. It's, as always, a balancing act of checks and balances rather than just the SC always getting what they want. Constitutional supremacy then is more like the argument that sometimes the judiciary has to be saved from itself.
The debate has a fascinating history in American politics.