Courts and Congress: America’s Unwritten Constitution

By William J. Quirk ’55 and Ralph Nader ’55

Quirk asserts that the government has lost confidence in the people, citing the shift of decision-making power from Congress to the courts, leading non-elected officials to make decisions that affect the lives of Americans. He examines what he calls “Happy Convention,” an unwritten code between the three branches of government to “pass the buck” of government powers and limit negative fallout. Quirk provides examples of the Convention at work and argues that the Founders did not intend for this arrangement. Quirk is a law professor at the University of South Carolina School of Law.

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The cover of PAW’s October 2024 issue, featuring a photo of scattered political campaign buttons.
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October 2024

Exit interviews with alumni retiring from Congress; the Supreme Court’s seismic shift; higher education on the ballot