Popular Constitutionalism and Non Judicial Precedents
Today in class there group read an article written by Professor Smith. In the article he discusses two popular ideas of Popular Constitutionalism and Non-Judicial Precedents.
Popular Constitutionalism is the idea that the people of the nation have a role and can interpret the constitution and the amendments it holds. The judges although they are at the top of the totem pole should not be able to always rule over the people. The people should be able to make these interpretations as an American citizen.
Non Judicial Precedents are past judgements in the constitution in a non-judicial way. Non-Judicial people are able to persuade people much easier than those rules made by smaller courts in constitutional law.
https://digitalcommons.law.yale.edu/fss_papers/178/
https://www.tandfonline.com/doi/pdf/10.1080/10811680.2014.860828
https://scholarship.law.vanderbilt.edu/vlr/vol61/iss3/1/
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