Document Type

Article

Publication Title

Willamette Law Review

Abstract

In this paper, I sketch a preliminary case for the restrained ambition model. In making that argument, I focus on the Court’s political question doctrine. I contend that this doctrine provides a guide for the self-discipline the judiciary needs to secure its legitimacy and authority. I then apply the restrained ambition model to executive interpretations of the Constitution. I discuss a cognate of the political question doctrine that has been proposed for the executive branch. I finally turn to recent decisions by the executive branch that have flouted this restrained ambition model. The consequences of those decisions may support the model’s descriptive accuracy and normative appeal.

First Page

557

Volume

45

Publication Date

2009

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