The Rule of the Courts

M. Akram Faizer

However, as noted by HLR, the status quo of American judicial review treats courts as the exclusive guardians of rights without recognizing that the people are the ultimate protectors of these values. 256 Indeed, American judicial review infantilizes the broader public and, as evidenced by civil society’s failure to prevent democratic retrogression in the second Trump Administration, precludes the development of the public’s constitutional reflexes. 257 Finally, and perhaps most consequentially, it risks delegitimizing the federal courts altogether in a country that is veering towards authori tarianism and plutocracy. The U.S. should consider implementing its own version of a NWC to reconcile its system of judicial review with democratic accountability and further the rule of law.

256 The Constrained Override, supra note 189 at 1748. 257 The Constrained Override, supra note 189 at 1748.

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