People v. The Court
Cambridge University Press, August 2025

In People v. The Court, David Sloss argues that the Supreme Court has abused its power of judicial review and subverted popular control of the government. The Court’s doctrine divides constitutional law into rights issues and structural issues, Sloss writes, and structural constitutional doctrine ignores the Constitution’s division of power between the government and “We the People.” People v. The Court “provides a set of proposals for revolutionary changes in the practice of judicial review that are designed to enable We the People to reclaim our rightful place
as sovereigns in a democratic, constitutional order.”

Praise: “David Sloss has given us a carefully documented but highly readable road map to counter the rise of autocratic abuse of our Constitution. As he says, it is time to respond with legitimate ‘constitutional hardball.’ ” —Russell Feingold, past president of the American Constitution Society and former U.S. senator (Wis.)