Judicial Review in the Cycles of Constitutional Time

Abstract

The cycles of constitutional time affect the work of the federal judiciary in multiple ways. Because of life tenure, the judiciary is a lagging indicator of the cycles of politics. Hence judicial time is often out of sync with political time. Judicial review is shaped by the strategy of partisan entrenchment: the political parties attempt to install jurists who will be ideologically sympathetic. The cycles also affect the political supports for judicial review—the reasons why politicians accept judicial review and have helped to construct the power of the federal courts over time. Politicians support judicial review and construct how judges practice it because judicial review performs important tasks and manages problems for politicians over the long run, even if they disagree with particular decisions.