Constitutional Conflict and Judicial Supremacy: Rethinking the Authority of the Court

Although it is impossible to determine the future of constitutional dialogue, it is clear that the theories of popular constitutionalism and departmentalism remain applicable theories of constitutional interpretation. Although the theory of judicial supremacy acts as the dominant narrative in modern discourse, alternative modes of constitutionalism have succeeded in the past and may certainly assume dominance in the future. Whether they will exist harmoniously with judicial supremacy or require the weakening of the Court’s legitimacy is a question that remains to be answered in the constitutional conflicts of our future. In the event that our nation sees another crisis like those witnessed by Lincoln and Roosevelt, we may just find out