Courts and Congress: America’s Unwritten Constitution

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.

Paw in print

Image
PAW's October 2025 cover, featuring a photo of stuntman Kent De Mond ’07 with his back on fire.
The Latest Issue

September 2025

Stuntman Kent De Mond ’07 is on fire; Endowment tax fallout; Pilot Michael Holl ’03 trains Qataris