By the People | Who Owns the Constitution?
Summary
In this Amicus episode, hosts Dahlia Lithwick and Mark Joseph Stern introduce "By the People," a series exploring popular constitutionalism. They interview legal scholar Larry Kramer, who argues that the Supreme Court’s monopoly on constitutional interpretation is a recent development stemming from the 1980s. Kramer contends that ordinary Americans can reclaim their constitutional agency by restoring historical checks on judicial power.
Topics discussed
Introduction to By the People and popular constitutionalism
Context: Previous Slate series and Larry Kramer's work
Larry Kramer's background and the myth of judicial supremacy
Historical origins: Popular enforcement before the courts
The shift: When did the public forget their constitutional power?
Historical conflicts: Jackson, Lochner, and the New Deal
The Warren Court and the rise of judicial supremacy
Restoring political tools: Budget, jurisdiction, and court size
Psychological shift: Court as servant vs. master
Modern application: Trump, FDR, and current political fears
Rebuilding democratic structures and political culture
Critique: Tyranny of the majority and minority protections
Stability: Why courts cause more instability than politics
Legitimacy crisis and the need for democratic leadership
Conclusion: Reclaiming the Constitution and bonus episode
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