Calls for Popular Constitutionalism in the Rear-View Mirror
In 2023, Mark Tushnet and Aaron Belkin published an “Open Letter to the Biden Administration on Popular Constitutionalism” making recommendations on how the Biden Administration should respond to the “not . . . normal” Supreme Court. It read in part:
We urge President Biden to restrain MAGA justices immediately by announcing that if and when they issue rulings that are based on gravely mistaken interpretations of the Constitution that undermine our most fundamental commitments, the Administration will be guided by its own constitutional interpretations. . . .
The central tenet of the solution that we recommend—Popular Constitutionalism—is that courts do not exercise exclusive authority over constitutional meaning. In practice, a President who disagrees with a court’s interpretation of the C
Article from Reason.com
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