The People’s Constitution: A Call to Action, Not a Handout

The Supreme Court’s monopoly on constitutional interpretation has been debunked, and it’s about time. For decades, the justices have treated the Constitution as their exclusive domain, issuing rulings that shape the nation’s laws without input from ordinary Americans. This is not how the document was meant to be used.

Historically, the Constitution was intended to be a document by and for the people. However, the judiciary has co-opted it, using its authority to restrict civil liberties, expand executive power, and entrench partisan interests. The Supreme Court’s gradual professionalization has contributed to this trend, as justices increasingly view themselves as lawgivers rather than interpreters of the Constitution.

Jamelle Bouie, a New York Times columnist and historian, points out that there is a rich tradition of constitutional activism outside the courts. Abolitionists, suffragettes, and other ordinary Americans have shaped the meaning of the Constitution through protests, lobbying, and litigation. This legacy can be drawn upon to push back against the Supreme Court’s dominance.

Bouie advocates for structural reforms at the high court, including measures to increase transparency and accountability. However, he also emphasizes that constitutional power does not reside solely with the justices. “The people” have always been a crucial part of the Constitution’s meaning-making process. As Bouie notes, the Framers’ vision was not just about setting up a system of government; it was about creating a culture of constitutionalism.

Ordinary Americans can shape the Constitution in meaningful ways through activism, advocacy, and community organizing. This means recognizing that our individual and collective actions have significance. We can create spaces where people engage with the Constitution in a way that’s not just about interpreting laws but also about shaping the meaning of those laws.

Reversing the Supreme Court’s grip on constitutional interpretation will require sustained effort from activists, lawmakers, and ordinary citizens alike. However, as Bouie reminds us, “the people” have always had a crucial role to play in shaping the Constitution’s meaning. Recognizing this is essential for reclaiming our fair share of power.

Reclaiming the Constitution as a document by and for the people – not just a tool wielded by unelected justices – requires more than just demanding access to the Supreme Court or forcing justices to recognize the value of public engagement. It means acknowledging that the Constitution belongs to all Americans, and that our collective actions can shape its meaning in profound ways.

The stakes are high, but so is the potential for change. By embracing this vision of constitutionalism, we can create a more inclusive, participatory democracy where every American has a stake in shaping the nation’s laws.