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Judicail Supremacy

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Submitted By crdiva05
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The idea that Supreme Court interpretations of the Constitution is the supreme law of the land is a very recent contention. There is a distinction between the Constitution and Constitutional law. The Constitution is the fundamental law, while Constitutional law is the body of law that resulted from the Supreme Court. After William Rehnquist and Antonin Scalia were sworn into their new offices, President Reagan closed his speech with a quote by Daniel Webster, “… Hold on to the Constitution of the United States of America and to the Republic for which it stands—what has happened once in 6,000 years may never happen again.” Which deems the constitution a stable document that does not sway as much as Constitutional Law. Hamilton, Jefferson, and all the Founding Fathers recognized that the Constitution is the supreme and ultimate expression of the will of the American people.
The Supreme Court’s decisions are not supreme over the Constitution. The answers the Supreme Court gives are very important to the stability of the law so necessary for good government. Article VI of the Constitution, says that “The Constitution, and the laws of the United States made in pursuance thereof…shall be the supreme law of the land…” The Constitution created the three branches of government with limited powers to each. The notion of “judicial supremacy” is contrary to the framers’ understanding of the judicial role.
The power of judicial review does not imply judicial supremacy. When the Constitution was written, many believed that the Court had no power of “judicial review.” According to the Legal Information Institute, Judicial review is the idea, fundamental to the US system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch. Judicial review allows the Supreme Court to take...

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