The People As Supreme Court: Some Incomplete Notes on Sager

Professor Sager\u27s characteristically rich and deep paper reminds us of the possible existence of, and reasons for, gaps of a certain sortgaps between judicial doctrine and the constitutional norms underlying them; gaps between the self-executing (that is, judicially executed) core of section one of the Thirteenth Amendment and the outer reaches of constitutionally permissible (and even preferred) legislation under section two; and, possibly, gaps between the Constitution itself and more general principles of political justice. (He embraces and explicates the first two sets of gaps, but expresses great skepticism about the third set.