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November 30, 2004

Judicial Supremacy: Review of Kramer 2004 Book

American Spectator review of The People Themselves: Popular Constitutionalism and Judicial Review ,"a comprehensive attack on the doctrine of judicial supremacy," by Larry D. Kramer, Dean of Stanford Law:
KRAMER ENDS THE BOOK with a call for ordinary citizens to "lay claim to the Constitution ourselves." He suggests that we must censure judges rather than submissively yielding to whatever the Supreme Court decides. As for more concrete actions, Kramer does note that judges can be impeached, the Court's budget cut, and the Court's jurisdiction curtailed. But, unfortunately, he spends little time developing these themes. For example, a more thorough discussion is warranted of Congress's power to impeach and why this power has become but a scarecrow. Also, Kramer never addresses whether "mobbing" -- or other such elements of 18th century political behavior -- should be revived as part of popular constitutionalism.

Despite these foibles, The People Themselves is a valuable addition to constitutional scholarship.

Nice to hear that someone else is thinking about solutions.

Posted by erasmuse at November 30, 2004 02:42 PM

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