“John Marshall, Judicial Supremacy, and a Post-Ginsberg Court”
By Andrew Carico
JMC fellow Andrew Carico has written an article for Starting Points Journal on John Marshall, judicial supremacy, the politics of the Supreme Court, and the Post-Ginsberg Court:
“The death of Supreme Court Justice Ruth Bader Ginsburg has rocked the nation. It has inserted the Court, whether they like it or not, into the epicenter of the presidential election. Yet, her passing in the heat of a presidential election crystalizes a deeper problem in American politics: The Supreme Court’s outsized influence in the American tripartite system. For nearly one hundred years, the Court has served up a cornucopia of policy-esque decisions that either overturned state or federal laws or contravened the legislative or amendment processes. The modern Supreme Court has become, as Judge John T. Noonan once called it, ‘a floating constitutional convention.’
A proper nominee, however, confirmed by the Senate before Inauguration Day 2021 may go a long way in strengthening the separation of powers and removing the Court from the heart of purely political battles, thus restoring sobriety and, hopefully, constitutionalism to American politics…”
Andrew Carico is Associate Professor and Chair for both the Public Policy Department and the Division of Humanities at William Jessup University. His research and teaching interests lie in the fields of American politics, constitutional law, and political philosophy. While Dr. Carico enjoys teaching and conducting research on various topics, he specializes in the American presidency, American constitutionalism, American political thought, and civil discourse. He has written for Public Discourse, the Claremont Review of Books, and Starting Points Journal. He has presented original research at several academic conferences and participated in various academic seminars. He is currently working on a book project analyzing Lincoln’s understanding and use of the presidential oath of office. He hopes to inspire his students to understand the importance of political engagement and to cultivate civic virtue.
Professor Carico is a JMC fellow.
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