rights reign supreme: an intellectual history of judicial review and the supreme court

Judicial review--the power of the United States Supreme Court to nullify unconstitutional laws--has been attacked and celebrated. The Court’s authority has become even more significant over the past century as it has grown to occupy a more central role in the lives of Americans. The result has been for politicians of both major political parties (as well as scholars) to decry the antidemocratic nature of the judicial power.

This book argues that judicial review ensures the survival of the republic, outlining the Court’s responsibilities as an instrument of rights theory and its history of defending the principles established during the American founding that assert the primacy of certain inherent rights. Centering on the power of judicial review, chapters detail the Court’s reputation as a steward of the Constitution, protecting the rights of the people against the encroachments of the executive and legislative branches--and against the fleeting passions of the people.

James M. Masnov is a writer, historian, and lecturer living in Monmouth, Oregon. His work has been featured in Armstrong Journal of History, Pure Insights, New Discourses, and the Oregon Encyclopedia. His ongoing History Killers series can be found at Substack (historykillers.substack.com).