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25 Val. U. L. Rev. 331 (1990-1991)


Over the past decade, our profession has engaged in an intense debate over the proper role of judges in the interpretation of our Constitution. This is not, of course, a new controversy. It has been with us ever since Chief Justice Marshall's decision in Marbury v. Madison.' However, during this last decade, the debate has taken on new dimensions. There is a new range and depth to the inquiry. What began as a discussion largely among members of the academic bar and some members of the judiciary has become a national political issue. Yet the basic question remains: In a democratic society, what are the appropriate limitations on the power of an unelected judiciary to interpret the fundamental political document of that society—the Constitution?


Reprinted with permission of Valparaiso University Law Review.



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