NCJ Number
174930
Journal
ABA Journal Volume: 83 (October 1997) Issue: Dated: Pages: -
Date Published
1997
Length
4 pages
Annotation
This analysis of the shaping of constitutional values notes that despite the foundation of judicial supremacy established in the 1803 U.S. Supreme decision in Marbury v. Madison, the legislative and executive branches of the Federal Government, interest groups, the general public, the States, and broader social currents all have important roles.
Abstract
Marbury v. Madison asserted that the power to interpret the Constitution in a case or controversy remains the judiciary. However, the Supreme Court may be the ultimate interpreter in a particular case, but not always in the larger issue of which that case is a part. The historical record provides overwhelming evidence that the Court is influenced by both social and political factors. The Court sometimes calibrates its decisions to limit political reprisals. Moreover, when the Court declares itself the final word on the meaning of the Constitution, chances are that it feels especially challenged by the other branches. The inextricable links between politics and constitutional decision-making are exemplified by Marbury v. Madison, subsequent decisions in the 19th century, and more recent decisions on school desegregation and abortion. Just as finality is not the language of politics, constitutional decision-making is a never-ending process. Photographs