Controversial Books | Page 509

The Supreme Court as Final Interpreter 487 Congress might even go further and remove the original jurisdiction of the lower Federal courts, thereby making the State supreme courts the final interpreters of the Constitution in those particular kinds of cases. In examining this issue, it is important, however, to distinguish theory from practice. As a matter of constitutional theory, the Supreme Court is the final interpreter of the Constitution in a given situation because Congress permits it, not because it is required by the Constitution. As a matter of actual practice, Congress rarely exercises its power to restrict the Court’s jurisdiction, and the Supreme Court is almost always the final interpreter of the Constitution. A Supreme Court decision can also be reversed by a constitutional amendment, and this is precisely what has happened in a few instances. In this sense, it is the States and the people thereof who act as the final interpreter of the Constitution. Again, however, we must distinguish theory from practice and recognize the fact that only a handful of Supreme The Supreme Court of the United States, 1888. From a drawing by Carl J. Berger. Before 1935, the Supreme Court met in the U.S. Capitol. (Courtesy of the Library of Congress.)