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Full-Text Articles in Law
The Price Of Asking The Wrong Question: An Essay On Constitutional Scholarship And Judicial Review, Erwin Chemerinsky
The Price Of Asking The Wrong Question: An Essay On Constitutional Scholarship And Judicial Review, Erwin Chemerinsky
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No abstract provided.
Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne
Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne
Faculty Scholarship
With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.