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The People As Supreme Court: Some Incomplete Notes on Sager
Amar, Akhil Reed
Amar, Akhil Reed
Abstract
Professor Sager's 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.)