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The idea of a "Living Constitution" is a specific doctrine.
'''Judicial Supremacy''' is the [[liberal]], elitist view that courts are "supreme" over the other two branches of government and the [[United States Constitution|Constitution]], and that courts have the authority to tell the president and [[Congress]] what they may or may not do. As explained by [[Phyllis Schlafly]] in her classic book on the topic, ''The Supremacists'' (2nd Ed. 2006):<ref>http://www.pseagles.com/images/4/49/The_Supremacists_by_Phyllis_Schlafly.pdf</ref>
{{cquote|Textbooks still say that we have three balanced branches of government – but textbooks are badly behind the times because one branch has assumed authority over the other two. Today, we are suffering from the oppressive rule of judicial supremacists who have replaced the rule of law with the rule of judges.}}
Under judicial supremacy, the courts seize power for themselves to have the final say over issues of policy up to and including the creation of policy, instead of policy makers or even the voting public, as courts impose their own view of utilizing the doctrine a [[Living Constitution]].<ref name=constituting>[http://www.constitutingamerica.org/blog/thursday-may-30-2013-essay-74-woodrow-wilsons-what-is-progress-guest-essayist-robert-clinton/ "What is Progress?" by Woodrow Wilson – Guest Essayist: Robert Clinton, Professor and Chair Emeritus, Department of Political Science, Southern Illinois University Carbondale]</ref> In this light, judicial supremacy amounts to grabbing power by one branch of government to positively create law.
Under judicial supremacy, the branches of government are not co-equal. Instead, under judicial supremacy, courts are above checks and balances by other branches of government. This subverts the Constitutional [[Separation of Powers]] that exists to prevent the rise of tyrannical government. Numerous American statesmen have rejected judicial supremacy, including Presidents [[Thomas Jefferson]], [[Andrew Jackson]], [[Abraham Lincoln]], and [[Franklin Delano Roosevelt]]. Also, [[Alexander Hamilton]] completely rejected judicial supremacy in [[Federalist No. 78]].
