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

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The January 2026 cover of PAW, featuring a man and a woman and the headline "Empower Couple."
The Latest Issue

January 2026

Giving big with Kwanza Jones ’93 and José E. Feliciano ’94; Elizabeth Tsurkov freed; small town wonderers.