ABSTRACT
This chapter focuses on the Founding Era–especially the Antifederalists–in an attempt to re-invigorate popular control and the traditional constitutional rule of law. The public holds the United States (US) Supreme Court in high esteem and assumes that its decisions are firmly grounded in the Constitution. As the framers were well aware, the nomocratic Constitution was held together by the external and internal checks and balances; these key components of American constitutionalism functioned to maintain government accountability to the governed. Accordingly, an innovative nomocratic procedure through which a majority of state chief judicial officials have the prerogative to judicially review and overturn US Supreme Court decisions, could restore the states to their constitutional roles in the American federal system and reinvigorate popular control. The states would collectively have the wherewithal to effect US Supreme Court policy without resorting to a cumbersome amendment process or the national congress that is significantly detached from states' interests.
