The Modernizing Mission of Judicial Review

@inproceedings{Strauss2007TheMM,
  title={The Modernizing Mission of Judicial Review},
  author={David A. Strauss},
  year={2007}
}
Constitutional interpretation looks to the past. It looks to an old text, to old precedents, to the views of the Founding generations, to tradition. Judicial review is a matter of articulating principles rooted in these sources, as a limit on the power of current popular majorities. That is the conventional wisdom.1 But over the last generation or so, a… CONTINUE READING