1702693200

1702693201 “Overriding Supreme Court Statutory Interpretation Decisions,”Yale Law Journal 101 (1991): 331–455.

1702693202

1702693203 The Court’s decision upholding the rights of the Cherokees and provoking Andrew Jackson’s displeasure was Worcester v. Georgia(1832).

1702693204

1702693205 Ledbetter v. Goodyear Tire & Rubber Co., Inc. was overturned by the Lilly Ledbetter Fair Pay Act of 2009, P.L. 111–2, 123 Stat. 5 (2009).

1702693206

1702693207 Chapter 7

1702693208

1702693209 The quotation is from Cardozo’s The Nature of the Judicial Process, originally delivered in 1921 as the Storrs Lectures at Yale and kept in print since then by the Yale University Press. Justice O’Connor’s lecture was published as “Public Trust as a Dimension of Equal Justice, ” Court Review 36 (1999): 10–13. Chief Justice Rehnquist’s comments on public opinion come from a lecture published as“Constitutional Law and Public Opinion,” Suffolk University Law Review 20 (1986): 751–69.

1702693210

1702693211 The Epstein and Martin article, “Does Public Opinion Influence the Supreme Court? Possibly Yes (But We’re Not Sure Why)”was published in the University of Pennsylvania Journal of Constitutional Law 13 (2010): 263–81. The “republican schoolmaster” image is from Ralph Lerner, “The Supreme Court as Republican Schoolmaster,” Supreme Court Review 1967(1967): 127–80. The study referred to on the issue of assisted suicide is from the chapter “The Right to Die” by Joshua A. Green and Matthew G. Jarvis, in Public Opinion and Constitutional Controversy, ed. Nathaniel Persily, Jack Citrin, and Patrick J. Egan(New York: Oxford University Press, 2008). The Persily book is also the source for the “legitimation hypothesis” mentioned in the text.

1702693212

1702693213 The results of the 2005 survey on public understanding of the courts are reported by Kathleen Hall Jamieson and Michael Hennessy in “Public Understanding of and Support for the Courts: Survey Results,” Georgetown Law Journal 95 (2007): 899–902. More recent surveys of students in grades four, six, and twelve, conducted by a unit of the U.S. Department of Education, continue to reveal similarly alarming gaps in knowledge about basic civics. See The Nation’s Report Card: Civics 2010: National Assessment of Educational Progress at Grades 4, 6, and 12, issued in May 2011 by the National Center for Education Statistics and available at http://nces.ed.gov/nationsreportcard/pdf/main2010/2011466.pdf.

1702693214

1702693215 Robert Dahl’s assessment of the Court’s role in the political system is from his article “Decision-Making in a Democracy: The Supreme Court as a National Policy-Maker,” Journal of Public Law 6 (1957) 279–95. The 1972 Gallup Poll on attitudes toward abortion is discussed in Linda Greenhouse and Reva B. Siegel, Before Roe v. Wade: Voices That Shaped the Abortion Debate Before the Supreme Court’s Ruling (New York: Kaplan, 2010). The political aftermath of the abortion decision is discussed in Linda Greenhouse and Reva B. Siegel, “Before (and After) Roe v. Wade: New Questions About Backlash,” Yale Law Journal 120 (2011): 2028–87.

1702693216

1702693217 Chapter 8

1702693218

1702693219 Thomas Jefferson’s objection to English law is discussed by David J. Seipp in his article, “Our Law, Their Law, History, and the Citation of Foreign Law,” Boston University Law Review 86 (2006): 1417–46. An article that offers a particularly useful comparative analysis in the modern context is John Ferejohn and Pasquale Pasquino’s “Constitutional Adjudication: Lessons from Europe, ” Texas Law Review 82 (2003–2004): 1671–1704.

1702693220

1702693221 Cases cited

1702693222

1702693223 Supreme Court opinions are published by the government in a series of volumes called United States Reports. Opinions are identified by volume and page number. Thus, the official citation for Brown v. Board of Education is 347 U.S. 483 (1954); it appears beginning on page 483 of vol. 347 of United States Reports and was decided in 1954. In the Court’s early decades, there was no United States Reports, and the volumes were known by the name of the Reporter (originally an unofficial, unpaid position) who published them. Thus, Marbury v. Madison is cited today as 1 Cranch(5 U.S.) 137 (1803) because the opinion appeared in a volume produced by William Cranch, the Court’s second Reporter. (The first Reporter was Alexander J. Dallas, whose abbreviated name appears in the citations to the Court’s earliest opinions.) The early volumes were retrospectively assigned “U.S.” volume numbers later in the nineteenth century, after Congress appropriated money to publish the series. The Court’s Reporter of Decisions, as the official position is now known, is still responsible for overseeing the publication of accurate texts of opinions.

1702693224

1702693225 What follows are citations for all opinions mentioned in the text and in the References.

1702693226

1702693227 Atkins v. Virginia, 536 U.S. 304 (2002)

1702693228

1702693229 Board of Regents, University of Alabama v. Garrett, 531 U.S. 356 (2001)

1702693230

1702693231 Boumediene v. Bush, 553 U.S. 723 (2008)

1702693232

1702693233 Bowers v. Hardwick, 478 U.S. 186 (1986)

1702693234

1702693235 Brown v. Board of Education, 347 U.S. 483 (1954)

1702693236

1702693237 Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984)

1702693238

1702693239 Chisholm v. Georgia, 2 Dall. (2 U.S.) 419 (1793)

1702693240

1702693241 Citizens United v. Federal Election Commission, 558 U.S. 50 (2010)

1702693242

1702693243 City of Boerne v. Flores, 521 U.S. 507 (1997)

1702693244

1702693245 Clinton v. Jones, 520 U.S. 681 (1997)

1702693246

1702693247 Coker v. Georgia, 433 U.S. 584 (1977)

1702693248

1702693249 Dickerson v. United States, 530 U.S. 428 (2000)

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