Is the Supreme Court the Guardian of the Constitution?

Is the Supreme Court the Guardian of the Constitution?

Robert Licht
Role: Author
This book is part of AEI’s series, “The Rights Explosion”, devoted to assessing the founders’ views of constitutional rights and their modern transformation.

In the wake of its Roe v. Wade decision, the Supreme Court has undergone a crisis of legitimacy – engendered by its preoccupation with “fundamental rights.” This book examines the controversy surrounding the conventional wisdom that the Court is the guardian of, as well as the final authority on, the Constitution and the ultimate defender of our liberties. Unlike books on the Supreme Court written by lawyers for lawyers, this volume presents the views of eight eminent authors who recognize the difference between the Constitution and constitutional law. George Anastaplo, Walter Berns, Joseph M. Bessette, Eva T.H. Brann, Louis Fisher, Ralph Lerner, Herman Schwartz, and Gordon S. Wood address their opinions not to the legal profession but to students and all others interested in acquiring a deeper understanding of the role the Court has assumed for itself. This is the third and concluding volume in the series “The Rights Explosion” and edited by Robert A. Licht.