LAW 865: The Democratic Constitution Short Course
An introduction to the profound role that elected officials and the American people play in shaping constitutional values. This short course will address two themes. The first concerns the ways in which social and political forces shape Supreme Court decision making. In addition to the appointments and confirmation process, the Court sometimes takes into account the views of elected officials and the American people when deciding constitutional cases. The second theme concerns the power of elected officials both to frame the issues before the Court and to respond to Court decisions they disapprove of. This circular process (elected government action-Court decision-elected government response) underscores that Supreme Court decision making is but one moment in an ongoing constitutional dialogue. This mini-course will examine such topics as privacy, race, war powers, and federalism. [1]
