Adrian Vermeule of Harvard Law School proposes reining in the role of courts:
Professor Adrian Vermeule’s newest book is likely to raise a few judicial eyebrows. “Law and the Limits of Reason,” just published by Oxford University Press, is a broad-based criticism of the dominant role played by courts in the American lawmaking process.
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Congress should be given the power to codify the Constitution, enacting what he calls “liquidating statutes.” These laws would “define constitutional meaning where the Constitution is ambiguous, or establish constitutional ground rules,” thus reducing the role of the U.S. Supreme Court.
I hope I'm not making too much of a leap here, but this reminded me of Article IX:2 of the WTO Agreement:
The Ministerial Conference and the General Council shall have the exclusive authority to adopt interpretations of this Agreement and of the Multilateral Trade Agreements. ...
It's not an exact parallel, but both put the legislative branch ahead of the courts, to some extent, in interpreting the "constitution."
Of course, Article IX:2 has not actually been used, so perhaps this is not such a great example for Professor Vermeule ...
