JOURNAL ARTICLE
We Are Already Defying the Supreme Court.
Published In: Dissent (0012-3846), 2024, v. 70, n. 4. P. 108 1 of 3
Database: Academic Search Ultimate 2 of 3
Authored By: Doerfler, Ryan; Moyn, Samuel 3 of 3
Abstract
The article cites different forms of opposition to the U.S. Supreme Court. History shows records of presidential defiance of federal court orders, including Thomas Jefferson's threat of retaliation to any judicial order to install opposition party member William Marbury as justice of peace in Washington, D.C., and Franklin Delano Roosevelt's threat of defiance of challenges to his decision to take the U.S. off the gold standard. Ordinary noncompliance by policymakers to judicial decisions include use of workarounds, reliance on political enforcement, and haggling with courts over the terms of judicial demands. It also suggests that judicial authority in the U.S. is not absolute, but exists within politically constructed bounds, not between the rule of law and its absence.
Additional Information
- Source:Dissent (0012-3846). 2024/01, Vol. 70, Issue 4, p108
- Document Type:Article
- Subject Area:Law
- Publication Date:2024
- ISSN:0012-3846
- DOI:10.1353/dss.2024.a918668
- Accession Number:175152359
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