supreme court Tag

Starting with the Curtiss-Wright decision in 1936 and carrying forward to Zivotofsky v. Kerry in 2015, the Supreme Court has resorted to erroneous dicta and deference to promote independent executive power in external affairs. These judicial misconstructions have done severe damage to basic constitutional principles, including checks and balances and self-government. ...

The idea of humility as virtue and hubris as vice in the exercise of judicial power has been an enduring theme in American political and legal discourse. It knows no partisan, ideological, or historical boundaries. For that reason, it behooves us to pierce through its rhetorical uses and search for a more theoretical, more principled understanding of the concept. ...