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Items tagged with Popular Constitutionalism

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  • February 15
    American legal scholars have ushered in a new school of thought that has been overly skeptical of judicial supremacy. While scholars such as Larry Kramer base their arguments for their distrust of judicial supremacy on the weak premise of it being counter to historical traditions, most scholars put forward the more philosophical argument that judicial supremacy contrives a society where people lose the vital will and motivation for civic participation. These scholars are known as Popular Constitutionalists and they unanimously advocate for putting an end to judicial supremacy and handing the Constitution over to the people.