The Supreme Court in American Constitutional Development

Session Submission Type: Full Paper Panel

Session Description

The Supreme Court is not the only institution that influences American constitutional development; rather, constitutional development involves the interplay of the Court and the other institutions of government. Even when the focus is the development of judicial doctrine, attention is due to the situation of the Court in relation to the other branches of government or to the constitutional claims expressed by members of the other branches. The papers on this panel will examine various episodes in American constitutional history, situating judicial doctrine and decision in the context of the political circumstances the justices faced.

Sub Unit

• Partner Associations / Eric Voegelin Society

Individual Presentations

• The Isolated Judiciary: The Marshall Court’s Resilient Constitutional Logic - Jordan T. Cash, Michigan State University

• A Path Forward in Common Law? Story on Racial Justice and Indigenous Sovereignty - Brigid Flaherty Staab, Assumption University

• The Influence of FDR’s Bill of Rights Rhetoric on the Court’s Jurisprudence - Jerome C. Foss, Saint Vincent College

• The Unitary Executive Theory and Supreme Court Removal Power Jurisprudence - Joseph Karol Natali, Baylor University

Chair

• Kevin J. Burns Benedictine College

Discussants

• James R. Stoner Louisiana State University

• Anthony D. Bartl Angelo State University