CONSTITUTIONAL NIHILISM: POLITICAL SCIENCE AND THE DECONSTRUCTION OF THE JUDICIARY

This essay is a polemic. As an attorney turned political scientist, it reflects my reaction to a pervasive theme that permeates much of the political science literature, particularly within the subfield of law and politics. It is intended to air concerns that will likely resonate with many in the legal community. Legal professionals who have had the opportunity to study political science scholarship are no doubt shocked by the wide gulf that appears to exist between assumptions of some political scientists and the professional norms of the legal profession. Political science has produced a significant body of scholarship that portrays judges as mere political actors, intent on carrying forth a primarily ideological agenda. This is a troubling distortion of what judges and other legal professionals are explicitly trained to do – interpret the law objectively. It is my genuine hope that this essay will help shed light on this contradiction. View More