SharksWithLasers -- Seth Cooper

A CUTTING-EDGE BLOG FOR THE WORLD OF THE 21st CENTURY, Currently operated by Seth L. Cooper, a 27 year-old attorney in Seattle (sethlcooper at comcast dot net)

Tuesday, August 10, 2004

THE CONSTITUTION ISN'T JUST FOR THE JUDGES. Not to be missed is an op—ed in today’s OpinionJournal by Prof. John McGinnis, discussing judicial review and judicial supremacy in light of Prof. Larry Kramer’s new book “The People Themselves.”

It is very important that people understand the CRUCIAL distinction between a) what the Constitution says and means, and b) how the Supreme Court interprets it provisions. Clearly, the federal courts have a role in expounding upon the meaning of the various clauses of the Constitution in cases and controversies that arise under federal and state law (and action). Yet, as every high school student should know, the judicial branch is but one of THREE branches provided for in our Constitution, and the members of the other respective branches have as much of a duty to interpret and apply the Constitution in their own respective roles. As my law professor David Engdahl used to say, the Constitution doesn’t have infallible interpreters—the Constitution doesn’t have a Pope. And fortunately it does not; otherwise mistakes made by federal courts or by the other branches would be forever etched in stone.

Incidentally, this afternoon Michael Medved devoted a portion of his program to the issue of the imperial judiciary, citing Kramer’s book by name and even hinting at the idea of having Kramer on the program on a future date.

Were it not for my already expansive and expensive book budget, I would have Kramer’s work already in my library. Nonetheless, given the importance of the subject matter and the endorsements it has received (including Jack Rackove and Gordon Wood on the jacket), I just might have to give Kramer’s book a read.

(Lake Goodwin--Stanwood, WA)

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