On Judicial Review

By Laurence H. Tribe, Jeremy Waldron and Mark Tushnet

The Spring 2005 issue of Dissent featured a forceful article by Mark Tushnet, "Democracy versus Judicial Review," which proposed an End Judicial Review Amendment (EJRA) to the U.S. Constitution. It would read, "Except as authorized by Congress, no court of the United States or any individual state shall have thepower to review the constitutionality of statues enacted by Congress or by state legislatures." Two leading legal philosophers argue with Tushnet and he replies--Eds.

Laurence H. Tribe

When prominent left-leaning scholars enlist in the right wing’s longstanding war on the independent judiciary’s enforcement of the Constitution, something suspicious is afoot. Is it the left’s sensitivity to accusations of elitism? But proclaiming our willingness, in Mark Tushnet’s words, to let “the people” decide whether our clients’ rights have been violated—the better to “show that we lib...

» Want to continue? Login below:

Subscriber Login

Subscribe Now

Access to this article is only offered to print subscribers. Subscribe now to read this article—and get immediate access to our archive—for the price of $20.

top | print | email