Judicial departmentalism is the view that the Constitution means in the judicial department what the Supreme Court says it means in deciding a case.
May
2025
I thank my Richmond colleagues Jud Campbell, Hank Chambers, Paul Crane, Jessica Erickson, Bill Fisher, and Jack Preis for helping me think through the arguments and ideas in this Essay as they gestated over time.
Judicial departmentalism is the view that the Constitution means in the judicial department what the Supreme Court says it means in deciding a case.