The Rule of the Courts

Adopting a Canadian Style Legislative Override to Reconcile American Judicial Review...

segregated public schools violate the U.S. Constitution’s guarantee of equal protection. 8 At the time of this writing, I see things differently. While Canada no longer faces an apparent threat to national unity, the U.S. has become so debilitated by the red/blue state divide that some political scientists see a future civil war in the country’s future. 9 With respect to its politics, Congress is unable to enact timely legislation due to dysfunction and polarization and, in recent years, has systematically subordinated its policymaking role to the White House. For example, Congress has stayed largely silent while the second Trump Administration has illegally shuttered government agencies and has debilitated the government by illegally firing professional civil servants without cause. 10 With respect to economics, while the U.S. remains significantly richer than Canadians in terms of aggregate GDP and per capita income, the income distribution is far more skewed in the U.S. and median per capita wealth in Canada, at $151,248, being significantly higher than the U.S.’s $93,271. 11 This, in conjunction with the threadbare American safety net, means that the average American household lives with a far greater level of economic insecurity than their counterparts in Canada, Australia or western Europe. This downward trajectory in the U.S. is because it has, unlike Canada, has monographically based its economic growth strategy on the stimulus effects of Brobdingnagian budget deficits and the wealth effect of Federal Reserve policies that have resulted in a booming stock market and high home prices, both of which disproportionately benefit the wealthiest households. 12 8 See Brown v. Board of Education, 347 U.S. 483 (1954). 9 See e.g. BARBARA F. WALTER, How CIVIL WARS START 50 (2022). 10 See e.g. Howe, Amy, Supreme Court Allows Trump to Remove Agency Heads Without Cause for Now , SCOTUSblog (May 22, 2025) https://www.scotusblog.com/2025/05/supreme court-allows-trump-to-remove-agency-heads-without-cause-for-now/ and Trump v. Wilcox, 606 U.S. __ (2025). 11 TitleMax, The 50 Countries With the Highest Median Wealth per Capita , TitleMax, https://www.titlemax.com/discovery-center/the-50-countries-with-the-highest-median wealth-per-capita/ (last visited Dec. 3, 2025).

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