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Supremacy: How Rule by the Court Replaced Government by the People
From two acclaimed legal scholars, a new history of the Supreme Court that overturns our most basic assumptions about its role in our democracy, showing how it seized the power it now wields.
The Supreme Court claims the extraordinary power to strike down laws passed by Congress—and for more than a century now, it has used this power to undermine democracy. But does the Constitution force us to live under the rule of nine robed lawyers? In this remarkable work, Harvard Law professors Nikolas Bowie and Daphna Renan dismantle “judicial supremacy,” the myth that the Court should have the final say on what the Constitution means. Far from an eternal principle, judicial supremacy gained prominence only in response to Reconstruction, when the Court took it upon itself to safeguard the interests of capital and white supremacy.
Bowie and Renan trace how this distorted vision of constitutional authority has remade the country. Along the way, they challenge how liberals understand the Court’s most celebrated rulings, showing that the left has unwittingly subscribed to the very ideology that now threatens it. Recovering a lost constitutional tradition—one forged by abolitionists, labor leaders, and civil rights pioneers—Supremacy calls for power to be returned to where the Constitution put it: Congress.
The Supreme Court claims the extraordinary power to strike down laws passed by Congress—and for more than a century now, it has used this power to undermine democracy. But does the Constitution force us to live under the rule of nine robed lawyers? In this remarkable work, Harvard Law professors Nikolas Bowie and Daphna Renan dismantle “judicial supremacy,” the myth that the Court should have the final say on what the Constitution means. Far from an eternal principle, judicial supremacy gained prominence only in response to Reconstruction, when the Court took it upon itself to safeguard the interests of capital and white supremacy.
Bowie and Renan trace how this distorted vision of constitutional authority has remade the country. Along the way, they challenge how liberals understand the Court’s most celebrated rulings, showing that the left has unwittingly subscribed to the very ideology that now threatens it. Recovering a lost constitutional tradition—one forged by abolitionists, labor leaders, and civil rights pioneers—Supremacy calls for power to be returned to where the Constitution put it: Congress.
320 pages, Hardcover
Published September 15, 2026
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Displaying 1 - 4 of 4 reviews
October 10, 2026
Solidly argued, should be required reading in constitutional law classes, and despite being somewhat lib, still compelling and important
September 16, 2026
This is gonna be one of those books that will stay with you. Nikolas Bowie and Daphna Renan have written a fascinating book that looks at how and why the federal courts have become so powerful. The deep dive research they have done is outstanding and their way of explaining for the layman to understand is much appreciated. At times I found myself saying out loud “no way” when their explanations for a ruling hit home.
The authors have reviewed cases such as Dred Scott, Brown v. Board of Education and Roe v. Wade while navigating through 200 years of American history. In amongst the history lessons are groups who helped make changes such as the abolitionists, those fighting for equal rights, civil rights and voting rights. Years later, it is unsettling watching all that hard work be undone by Supreme Court that has more power than all the people of this nation.
Bowie and Renan seem to agree that the federal courts should not have the ability to strike down legislation that an elected body passed. This “horizontal review” gives the federal courts way too much unelected power. On the other hand, “vertical review” represents the court system that was intended by the writers of the Constitution. That being as a way to judge the laws passed at the state level and whether they violated federal laws.
Supremacy answered so many questions as to how the Supreme Court has become so partisan in their ability to overrule long standing laws and why it matters.
Thank you, Nikolas Bowie, Daphna Renan and W. W. Norton & Company for providing this e-ARC via NetGalley for review.
The authors have reviewed cases such as Dred Scott, Brown v. Board of Education and Roe v. Wade while navigating through 200 years of American history. In amongst the history lessons are groups who helped make changes such as the abolitionists, those fighting for equal rights, civil rights and voting rights. Years later, it is unsettling watching all that hard work be undone by Supreme Court that has more power than all the people of this nation.
Bowie and Renan seem to agree that the federal courts should not have the ability to strike down legislation that an elected body passed. This “horizontal review” gives the federal courts way too much unelected power. On the other hand, “vertical review” represents the court system that was intended by the writers of the Constitution. That being as a way to judge the laws passed at the state level and whether they violated federal laws.
Supremacy answered so many questions as to how the Supreme Court has become so partisan in their ability to overrule long standing laws and why it matters.
Thank you, Nikolas Bowie, Daphna Renan and W. W. Norton & Company for providing this e-ARC via NetGalley for review.
Review of advance copy received from Goodreads Giveaways
I try not to five star every great history book I read, but when it is richly deserved, I’ll take the criticism that comes. Before reading this book, I couldn’t have explained vertical or horizontal review very well. Nor could I have then looked at American history for egregious examples of vertical review. This book informs and it is riveting, in a sickening way to me, as I’m against vertical review excepting rare, well, exceptions. But I had no idea how pervasive the trend has been since before the civil war even commenced. Americans who care about what is supposed to be our republic need to read this book and get as angry as it has made me. Despite the content sometimes enraging me, this book is well written and expertly researched. I can’t possibly say enough about Supremacy. Read this book.
October 7, 2026
It’s not bad, but I don’t buy the argument.
It reads more like a critique of the current Supreme Court given its tendency to side with Trump. But I don’t think it’s worth blowing up the system just because it moves slow or we have a court we deem unfavorable. I actually think the check/balance of horizontal review by the court is helpful in preventing major destabilizing swings between elections.
I could be convinced otherwise, but the book didn’t do it for me
It reads more like a critique of the current Supreme Court given its tendency to side with Trump. But I don’t think it’s worth blowing up the system just because it moves slow or we have a court we deem unfavorable. I actually think the check/balance of horizontal review by the court is helpful in preventing major destabilizing swings between elections.
I could be convinced otherwise, but the book didn’t do it for me
Displaying 1 - 4 of 4 reviews