Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits o

Too often, constitutional theorists seek to reconcile judicial review with democratic values by eliminating politics from constitutional interpretation. I marsh

This text argues for an openly political role for the Supreme Court. The author asserts that politically motivated constitutional decision-making is not only in

One of the most contentious issues in politics today is the propriety of electing judges. Ought judges be independent of democratic processes in obtaining and r