IT HAS BECOME a commonplace that, as then Governor (later Chief Justice) Charles Evans Hughes put it, “We are under a Constitution, but the Constitution is what the judges say it is * * *.” Although this cliché is seriously misleading when it suggests that courts always have the last word on questions of constitutionality and insofar as it implies that judges are free to adopt whatever reading of the Constitution pleases them, it does contain a kernel of truth even if it is overblown that courts play an important role in governing Americabecause they play a central role in interpreting the Constitution. This is especially true of the U.S. Supreme Court. The study of constitutional law necessarily begins with an examination of judicial power because the political influence of courts, constitutionally speaking, flows from their power to decide cases. [download]
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