Can the People Override the Supreme Court?

Most people think the Supreme Court has the final say. But that's only half true. The Supreme Court has the final say on what the Constitution means. The people have the final say on what the Constitution says. That distinction is one of the most important principles in American constitutional government, and it explains why the people ultimately possess more power than any court.

The Supreme Court Is Powerful — but Not Supreme

The Washington Supreme Court is the highest court in our state. When it interprets the Washington Constitution, every lower court must follow that interpretation. The Legislature must follow it. The Governor must follow it. The public must follow it — at least for the moment. That is the power of judicial review: courts interpret the Constitution and determine whether laws comply with it.

But judicial review is not judicial supremacy. The Constitution remains above the Court. The Court does not own the Constitution; it interprets it. And because the Constitution belongs to the people, the people retain the authority to change it.

The Term Limits Case Shows Why

Consider Washington's term limits case. The people passed an initiative imposing term limits on elected officials, and the Washington Supreme Court struck it down. Gerberding v. Munro, 134 Wn.2d 188 (1998). Many people viewed Munro as the end of the story. It wasn't.

The Court did not say the people could never have term limits. The Court did not say term limits were unconstitutional. The Court said the people had used the wrong constitutional vehicle. The initiative process could not be used to alter constitutional qualifications for office — but the constitutional amendment process could. The Court's decision did not eliminate the people's power. It redirected it. The people remained free to amend the Constitution. The Court interpreted the Constitution; the people retained the authority to change it.

The Constitution Is Higher Than the Court

This principle is easy to overlook. When a Supreme Court decision receives national attention, it can feel permanent. Untouchable. Final. But courts do not stand above constitutions. Courts derive their authority from constitutions. The people create constitutions. The people authorize courts. The people define the powers courts may exercise. And the people retain the power to alter those arrangements through amendment. In other words, courts are servants of the Constitution — not masters of it.

The Difference Between Interpretation and Amendment

Understanding constitutional government requires understanding the difference between two very different powers. The judiciary possesses the power of interpretation. The people possess the power of amendment. Interpretation answers the question: what does the Constitution mean? Amendment answers the question: what should the Constitution say? Courts answer the first question. The people answer the second.

Confusing those powers creates endless misunderstanding. When a court issues a controversial decision, many people ask: why doesn't the Legislature simply override it? Often the answer is simple. Because the court's decision is based upon the Constitution rather than a statute. Legislation cannot override the Constitution. But constitutional amendments can — and that power belongs to the people.

Who Really Has the Final Word?

Law students are often taught that the Supreme Court has the final word. That statement is both true and false. The Court has the final word in a particular case. The Court has the final word regarding the current constitutional text. But the people have the final word regarding the Constitution itself. If enough citizens disagree with a constitutional interpretation, they may change the constitutional language. Once they do, the Court is bound by the new text. That is exactly how constitutional government is supposed to work. The Constitution controls the Court. The people control the Constitution.

Why This Matters

This principle reflects a profound commitment to self-government. Judges are not kings. Courts are not legislatures. And constitutional interpretation is not the final stage of democratic decision-making. The ultimate sovereign in Washington remains the people. The people created the Constitution. The people created the government. The people created the courts. And the people retain the power to change the constitutional rules under which all of those institutions operate.

That does not mean constitutional amendment should be easy. Quite the opposite. The amendment process is intentionally difficult. It requires broad public consensus. But difficult is not the same thing as impossible, and that distinction is what preserves democratic self-government.

The Real Lesson

The greatest misunderstanding about constitutional law is the belief that Supreme Court decisions are the highest form of law. They are not. The Constitution is. And above the Constitution stands only one thing: the people who possess the authority to amend it.

The Supreme Court may have the final word on what the Constitution means today. But the people always retain the power to decide what it will mean tomorrow.