The Supreme Court v. The Constitution

Our friends at the Claremont Institute and the Claremont Review of Books have posted Michael Uhlmann’s essay/review on the theme of judicial supremacy from the CRB’s current issue: “The Supreme Court. v The Constitution of the United States of America.”

The essay/review addresses two books, the second which is Justice Breyer’s Active Liberty. With respect to Active Liberty, Uhlmann writes, “what we have is a brief for more or less unlimited judicial discretion, which [Breyer] justifies on the ground that it enhances democracy.” This is an elegant and learned essay on a topic of the utmost importance.


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