William and Mary Law Review

Professional publication covering law.

Articles from Vol. 58, No. 5, April

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...
Judicial Departmentalism: An Introduction
ABSTRACT This Article introduces the idea of judicial departmentalism and argues for its superiority to judicial supremacy. Judicial supremacy is the idea that the Constitution means for everybody what the Supreme Court says it means in deciding...
Judicial Supremacy and Taking Conflicting Rights Seriously
ABSTRACT The best arguments in favor of judicial supremacy rely on its essential role of protecting rights in a democracy. The doctrinal technique of strict scrutiny, developed to do the work of judicial supremacy, has been an important tool in...
Judicial Supremacy Revisited: Independent Constitutional Authority in American Constitutional Law and Practice
ABSTRACT The Supreme Court exercises far less constitutional authority in American law and practice than one would gather from reading judicial opinions, presidential speeches, or the standard tomes for and against judicial supremacy. Lower federal...
Much Ado about Nothing: Signing Statements, Vetoes, and Presidential Constitutional Interpretation
ABSTRACT During the Bush presidency, presidential signing statements became briefly controversial. The controversy has faded, but the White House continues to issue statements when signing legislation. Those statements frequently point out constitutional...
Soft Supremacy
ABSTRACT The debate over judicial supremacy has raged for more than a decade now, yet the conception of what it is we are arguing about remains grossly oversimplified and formalistic. My aim in this symposium contribution is to push the conversation...
The Annoying Constitution: Implications for the Allocation of Interpretive Authority
ABSTRACT Constitutional constraints often restrict unwise or immoral official policies and actions, but also often invalidate laws and other official acts that are sound as a matter of both morality and policy. These second-order side constraints--or...
Why Congress Does Not Challenge Judicial Supremacy
ABSTRACT Members of Congress largely acquiesce to judicial supremacy both on constitutional and statutory interpretation questions. Lawmakers, however, do not formally embrace judicial supremacy; they rarely think about the courts when enacting...
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