81 Fordham L. Rev. Res Gestae 1 (2012-2013)

handle is hein.journals/resgest3 and id is 1 raw text is: ´╗┐POPULAR CONSTITUTIONAL VALUES: THE
LINKS BETWEEN PUBLIC OPINION AND
THE SUPREME COURT'S 2011 TERM
Peter J. Woolley* & Bruce G. Peabody**
INTRODUCTION
Over the past few decades, scholars have begun to explore the role
private citizens play in shaping constitutional law. Some of these research
efforts engage normative questions, while others construct descriptive,
historical, and positive accounts of this phenomenon.'        Despite this
increased interest in popular constitutionalism, few have sought to
identify and measure the precise form and political impact of this variant of
extrajudicial constitutional interpretation.  Stated differently, not much
empirical work has defined popular constitutionalism's specific content and
parameters.
* Peter J. Woolley. Professor of Comparative Politics, Fairleigh Dickinson University.
Professor Woolley is also co-founder and executive director (2001-2012) of PublicMind,
Fairleigh Dickinson University's independent survey research group.
** Bruce Peabody, Professor of Political Science, Fairleigh Dickinson University.
1. See, e.g.. NEAL DEVINS, SHAPING CONSTITUTIONAL VALUES (1996) (examining the
role of various actors in interpreting the Constitution in the context of the abortion debate);
BARRY FRIEDMAN, THE WILL OF THE PEOPLE: How PUBLIC OPINION HAS INFLUENCED THE
SUPREME COURT AND SHAPED THE MEANING OF THE CONSTITUTION (2009) (examining the
impact of public opinion on constitutional change); LARRY D. KRAMER, THE PEOPLE
THEMSELVES: POPULAR CONSTITUTIONALISM AND JUDICIAL REVIEW (2004) (positing that
customary constitutionalism is only achieved when the Constitution reflects the will of the
people); RICHARD D. PARKER, HERE, THE PEOPLE RULE: A CONSTITUTIONAL POPULIST
MANIFESTO (1994) (examining the flaws of anti-populist decision making); MARK TUSHNET.
TAKING THE CONSTITUTION AWAY FROM THE COURTS (1999) (arguing against constitutional
judicial review): Matthew D. Adler. Popular Constitutionalism and the Rule of Recognition:
Whose Practices Ground U.S. Law?, 100 Nw. U. L. REV. 719 (2006) (examining some of the
obstacles for popular constitutionalism in light of the rule of recognition (i.e.. the rule for
identifying law that is accepted as the ultimate rule by officials in the legal system)); Larry
Alexander & Lawrence B. Solum, Popular? Constitutionalism?, 118 HARv. L. REV. 1594
(2005) (reviewing  LARRY  D. KRAMER, THE PEOPLE THEMSELVES:        POPULAR
CONSTITUTIONALISM AND JUDICIAL REVIEW (2004)); Jack M. Balkin & Reva B. Siegel,
Principles, Practices, and Social Movements, 154 U. PA. L. REV. 927 (2006) (arguing that
social movements influence constitutional understanding); William N. Eskridge, Jr., Some
Effects of Identity-Based Social Movements on Constitutional Law in the Twentieth Century,
100 MICH. L. REV. 2062 (2002) (observing that popular constitutional movements have
helped advance racial equality and gay rights); Walter F. Murphy, Who Shall Interpret? The
Quest for the Ultimate Constitutional Interpreter, 48 REV. POL. 401 (1986) (examining who
should be the ultimate constitutional interpreter).

1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?