Political Foundations of Judicial Supremacy

Political Foundations of Judicial Supremacy

The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History

A transformative analysis of how judicial supremacy is not merely a result of court-led encroachment, but is actively constructed by political leaders who find it useful to defer controversial constitutional questions to the judiciary.

Reviews

"[T]his book stands out as the best and most sophisticated study of the problem of 'who interprets' in the American context."

Law and History Review

"Whittington's masterful account captures a hidden, selfish dynamic of constitutional politics."

New York Law Journal

"A model of what scholarly work should be."

Law and Politics Book Review

"Whittington continues to demonstrate why he is one of today's most important constitutional scholars. Political Foundations of Judicial Supremacy is essential reading for anyone interested in American politics."

Congress & the Presidency

"Filled with numerous examples and insightful analysis, Political Foundations of Judicial Supremacy offers a fascinating behind-the-scenes guide to the politics of judicial review that is impressive in both scope and depth."

Harvard Law Review
Advance Praise

"Political Foundations of Judicial Supremacy takes us deeper than ever before into the changing structure and politics of inter-branch relations. Historically comprehensive and analytically astute, Whittington's sweeping reformulation of the role of the Supreme Court alters our entire view of American government."

Stephen Skowronek, Yale University

"This extremely important study lays out the ways in which the U.S. tradition of judicial supremacy receives support from elected representatives. Whittington's arguments are elegant, clearly presented, and persuasive."

Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School

"This is a major work by a major scholar. Whittington highlights for the first time unnoticed patterns in the political construction of judicial power and the growth of judicial authority in the United States. The historical evidence is complete and compelling."

Mark A. Graber, University of Maryland