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Legal History Commons

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Constitutional Law

1987

Faculty Publications

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Full-Text Articles in Legal History

Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne Jan 1987

Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne

Faculty Publications

Continuing the examination of judicial review conducted around the Constitution’s bicentennial, this article lays bare the inconsistencies in the expected tasks of the Supreme Court. Where some roles of the Court have traditionally been treated as indivisible, examining those same roles separate from one another produces an incoherent view of the Court that is difficult to compromise.