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Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History (Princeton Studies in American Politics)

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Political Foundations of Judicial Supremacy by Keith Whittington is a thoroughly detailed history of the foundations of judicial supremacy from the republics beginings through the second Bush presidency. Whittington argues that the percieved power and influence of the Supreme Court is actually tied into how much power the executive branch and Congress allow them to have. This reveals a fasinating discussion of constructionist and deconstructionist regimes and Whittington argues that in periods of percieved weakness of the other branches that the Supreme Court may take a more active role in policy formation. On the other hand, the rare constructive president has a chance to reconstruct the constitutional order if he's popularly elected and is confronted with a decaying previous regime like FDR. Overall a very detail based accounting of constitutional regimes and political power that will most likely require multiple readings, but it presents a very unique argument.

Why many legal scholars focus on judicial review as a branch of political philosophy, Whittington engages the more interesting question of why the other branches of government, especially the president, would accept the Supreme Court as the final interpreter of constitutional law. Whittington argues that there are self-interested strategic reasons for a president to accept the court, including the possibility of influencing the court to interpret the constitution in a manner more in line with his own policy preferences. Whittington writes clearly and for a general audience. This is political science, but without the jargon and technical methodology.