Presidential Challenges to Judicial Supremacy and the Politics of Constitutional Meaning

In: Polity: the journal of the Northeastern Political Science Association, Band 33, Heft 3, S. 365-395

Abstract

Conflicts between the Supreme Court & the president are usually regarded as grave challenges to the Constitution & a threat to judicial independence. Such claims misrepresent the nature of these presidential challenges, however. In doing so, they paint an unflattering & inaccurate portrait of American politics & underestimate the strength of American constitutionalism. This article reexamines historical presidential challenges to the judicial authority to interpret constitutional meaning. It argues that rather than being unprincipled attacks on judicial independence, such challenges are best regarded as historically specific efforts to reconsider the meaning & future of American constitutional traditions in times of political crisis & constitutional uncertainly. Adapted from the source document.