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Constitutional Cases And The Four Cardinal Virtues, R. George Wright

Cleveland State Law Review

In addressing constitutional cases, judges face no shortage of legal rules, tests, principles, doctrines, and policies upon which to draw. In those cases, the challenge is assumed to be to identify and apply the most relevant such legal rules, tests, principles, doctrines, and policies. An accompanying judicial opinion tries to articulate this process, partly to legitimize the outcome, partly to provide guidance, and perhaps partly for purposes of civic education and inspiration. This Article recommends a somewhat different approach to constitutional adjudication. Specifically, this Article recommends supplementing the above standard forms of constitutional adjudication with appropriate and legitimate attention to …