| Popis: |
A primary mechanism by which Court power can be critically assessed is through analysis of the People. On its face, the People seems to be quite direct as far as what it signifies. Yet upon closer inspection, this is not the case. The People and the people are distinct states of affairs. The Court has acknowledged that the People is a term of art, and it has provided differential interpolations of this “term of art” in its jurisprudence. The People, as opposed to the actual people that constitute the American populace, can be viewed as an act of imagination. The People, as an ideological and political construct, has been operative since before the founding. The People, in actuality is a complex legal and political construct—one that provides a primary basis for legitimizing the exercise of the Supreme Court’s power. The Court has provided selective and, at times, seemingly contentious or differential notions of what the People are exactly within the fundamental law. |
