Part V — How Judicial Supremacy Broke the Constitutional Sequence

by Darius A. Lecointe, PhD,  JD 

For most of American history, the Constitution corrected itself through the balance of identity, governance, and fidelity. But over time, the nation shifted from constitutional responsibility to judicial supremacy—the belief that the Court alone determines meaning. This shift broke the sequence of Constitutional Life and weakened the nation’s ability to self-correct.

1. The Founders Never Intended Judicial Supremacy

Nothing in 1787 gives the Court exclusive authority over constitutional meaning. Early practice confirms this:

i. Hayburn’s Case: judges refused to enforce an unconstitutional law without waiting for litigation.

ii. John Jay declined advisory opinions to preserve the Court’s role, not supremacy.

iii. All officers took the Oath—not only judges.

Responsibility was distributed.

2. Marbury Has Been Misread

Modern Americans treat Marbury as granting the Court final say. But Marshall’s point was simple: acts repugnant to the Constitution are void because the Constitution is sovereign — not the Court.

Judicial review was a consequence, not supremacy.

3. Supremacy Replaced Responsibility

Once people believed the Court alone guarded the Constitution:

i. citizens stopped acting as constitutional stewards,

ii. political branches abandoned their duty to refuse unconstitutional acts,

iii. and the Court became the center of national identity—an impossible burden.

4. Supremacy Created Paralysis

If only the Court can correct violations:

i. unconstitutional acts stand until challenged,

ii. crises escalate while institutions “wait for cases,”

iii. and the Constitution becomes a technical puzzle instead of an identity statement.

The early Republic acted immediately when fidelity was threatened. We no longer do.

5. The Cost in 2025

Today Americans:

i. accept unconstitutional claims until the Court intervenes,

ii. treat violations as partisan issues,

iii. and behave as if the Constitution is negotiable until litigated.

Supremacy has replaced citizenship.

6. The Lesson for 2025

The Constitution cannot restore itself through one branch. It requires shared responsibility — executive, legislative, judicial, and civic.

To recover stability, America must return to Marshall’s insight:

The Constitution is sovereign. The people are responsible. The Court is not the Constitution.

The Path Ahead

Until responsibility is restored, identity will fracture, fidelity will weaken, and force will dominate. Rejecting supremacy and restoring duty is essential for constitutional life.