People v. The Court: The Next Revolution in Constitutional Law

by David L. Sloss

Overview

The Constitution divides power between the government and We the People. It grants We the People an affirmative, collective right to exercise control over the government through our elected representatives. The Supreme Court has abused its power of judicial review and subverted popular control of the government. The Court's doctrine divides constitutional law into rights issues and structural issues. Structural constitutional doctrine ignores the Constitution's division of power between the government and We the People. The Court's rights doctrines fail to recognize that the Constitution grants the People an affirmative, collective right to exercise control over our government. People v. The Court presents an indictment of the Supreme Court's constitutional doctrine. It also provides a set of proposals for revolutionary changes in the practice of judicial review that are designed to enable We the People to reclaim our rightful place as sovereigns in a democratic, constitutional order.

Product Details

ISBN-13:	9781009651240
Publisher:	Cambridge University Press
Publication date:	08/21/2025
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

About the Author

David L. Sloss is the John A. and Elizabeth H. Sutro Professor of Law at Santa Clara University.

Table of Contents

Foreword: Nine principles for judicial review; Introduction: The problem of democratic decay; 1. A political process theory for the twenty-first century; 2. Four revolutions in constitutional law; 3. Elections; 4. Election-related misinformation; 5. Individual rights under international law; 6. Weak review, strong rights; 7. Federalism; 8. A roadmap for revolutionary change; Appendix.

Editorial Reviews

‘Professor Sloss’s proposal for a new constitutional revolution is most intriguing in its suggestion that we can get the best of the worlds of constitutionalism and democracy by using expansive exercises of national power and international human rights law (override-able by subsequent national legislation) to protect individual rights from legislative and executive abuses.’ Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard Law School

‘In an erudite and deeply researched book, David Sloss has blended empirical evidence, legal analysis, and democratic theory to mount a radical and welcome challenge to the rigid orthodoxies of American constitutional law. This is a terrific and much needed effort to reframe debates that are at risk of becoming stale or irrelevant.’ Aziz Z. Huq, Frank and Bernice J. Greenberg Professor of Law, University of Chicago

‘David Sloss has given us a carefully documented but highly readable roadmap to counter the rise of autocratic abuse of our Constitution. As he says, it is time to respond with legitimate 'constitutional hardball'.’ Russell Feingold, past President of the American Constitution Society and former U.S. Senator

From the Publisher