Regulating Our Constitutional Rights: Democratic Rule or Judicial Fiat?

The author argues that the Supreme Court should defer to Congress' laws affecting specific prohibitions against government, but the modern conservative Court has become increasingly willing to overturn these laws based on political and ideological preferences.

Format: Hardback
Length: 280 pages
Publication date: 15 June 2023
Publisher: Lexington Books

The author contends that the rights granted to the people by the Constitution, as amended, cannot be accurately described as "specific prohibitions" against the government. These rights encompass fundamental aspects such as life, liberty, and property, as well as the freedoms of religion, speech, and press. It is argued that these rights are neither self-defining nor precise, and as such, in a representative democracy, the unelected, unaccountable, life-tenured judges on the Supreme Court should defer to the laws of Congress concerning these rights unless there is a clear constitutional violation.

However, it is concerning that the modern conservative Court has shown a growing tendency to overturn the laws and policy choices made by the elected representatives of our nation based on the judges' political and ideological preferences. This undermines the democratic principles of governance and erodes the trust of the American people in the judicial system.

While Congress possesses the constitutional authority to regulate the jurisdiction of lower federal courts and the appellate jurisdiction of the Supreme Court, it has chosen not to exercise this power in a meaningful manner to safeguard and protect the American people's right to be governed by a majority rule. This lack of action allows the conservative Court to exert undue influence over the legislative process and undermine the democratic principles upon which our nation was founded.

It is essential to address this issue and ensure that the judicial system remains independent and accountable to the people. This can be achieved through measures such as term limits for judges, increased transparency in the appointment process, and a stronger emphasis on judicial restraint and adherence to the Constitution. By taking these steps, we can restore the balance of power and ensure that the American people's rights are protected and preserved.

Weight: 585g
Dimension: 237 x 162 x 27 (mm)
ISBN-13: 9781666936117