Constitutional Legitimacy in the Supreme Court: The Fallon Perspective

Georgetown Heart on the Structure is the proud recipient of the prestigious Thomas M. Cooley Ebook Prize. This authoritative work delves into the realm of constitutional legitimacy, examining the role of the judiciary in interpreting legislation. Authored by Fallon, this book offers invaluable insights into the authorized framework of the courtroom.

In exploring why self-proclaimed constitutional "originalists" often lean towards politically conservative choices, Richard H. Fallon delves into whether "dwelling constitutionalists" interpret the Constitution loosely to justify their preferred outcomes. Through reframing and transcending traditional debates around constitutional law, theory, and judicial legitimacy, Fallon offers fresh insights into the complexities of the legal system.

Drawing from authorized scholarship, philosophy, and political science, Fallon introduces a concept of judicial legitimacy grounded in a principle of good faith within constitutional argumentation. Good faith requires Justices to base decisions solely on legal arguments they truly consider valid and can apply to similar future cases. While Originalists are correct on this point, good faith allows Justices to adjust their interpretive theories in light of new challenges. Fallon asserts that constitutional interpretation theories should evolve continuously, rather than being rigid formulas set in stone before unforeseen life and technological advancements.

Legislation and Legitimacy within the Supreme Courtroom provides theories of constitutional legislation and judicial legitimacy that settle for many tenets of authorized realism however reject its corrosive cynicism. Fallon’s account each illuminates present follow and prescribes urgently wanted responses to a legitimacy disaster by which the Supreme Courtroom is more and more enmeshed.