Art of Judging: Volume 8

The single most important issue in American constitutional law is the role the Supreme Court should play in interpretation of the constitution.

This issue has been a source of controversy since at least 1803, when Chief Justice John Marshall proclaimed that the Supreme Court could declare acts of Congress unconstitutional.

But public attention has been refocused by the recent debate between Attorney General Edwin Meese and Supreme Court Justice William Brennan.

The Attorney General admonished the Justices to confine themselves to strict construction of the Constitution-to apply the Constitution as the framers intended.

Justice Brennan rejected this as errant and arrogant because the framers had certainly not thought about the specific problems facing the country today.