Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2021 The People's Court: On the Intellectual Origins of American Judicial Power Ian C. Bartrum University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Constitutional Law Commons Recommended Citation Bartrum, Ian C., "The People's Court: On the Intellectual Origins of American Judicial Power" (2021). Scholarly Works. 1332. https://scholars.law.unlv.edu/facpub/1332 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact
[email protected]. Articles The People's Court: On the Intellectual Origins of American Judicial Power Ian Bartrum* ABSTRACT This article enters into the modern debate between "consti- tutional departmentalists"-who contend that the executive and legislative branches share constitutional interpretive authority with the courts-and what are sometimes called "judicial supremacists." After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp. This is an intellectual history of two evolving political ideas-popular sovereignty and the separation of powers-which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, we must expand the traditional conception of the "separation of powers" to include not just distinct institutional functions, but also the structured division of the sovereign pre- * Professor of Law, William S.