The Creature Walks Among Us

The Creature Walks Among Us SYMPOSIUM In recent decades, the scholarly reaction to the Supreme drafters and supporters intended. It is also put forth as the demCourt's activism of the 1960s and early 1970s has been almost ocratic thing to do since the Constitution and its amendments exclusively normative. The preponderant effort has been to show are to be viewed as effectively "super-statutes" adopted by an that the activism was wrong--that the Court abused its power extraordinary majority which can properly be altered only by by using it to excess. Most of the criticism can be fairly seen as another such extraordinary majority. a conservative ideological reaction to the liberal values that aniThe proposition that broad constitutional provisions might be mated that activism. It coincided with significant changes in properly approached somewhat differently from most ordinary American politics: the decay of the political coalition that prostatutes usually gains no appreciation. Indeed, the strenuous insisvided a climate of support for the broad thrust (if not all the tence on confining constitutional interpretation to original intent details) of what is usually thought of as "Warren Court" often seems premised upon an almost "fundamentalist" insisactivism, and the gradual coming to power of a new conservatence on http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Good Society Penn State University Press

The Creature Walks Among Us

The Good Society, Volume 11 (2) – Mar 12, 2002

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Publisher
Penn State University Press
Copyright
Copyright © 2002 The Good Society.
ISSN
1538-9731
Publisher site
See Article on Publisher Site

Abstract

SYMPOSIUM In recent decades, the scholarly reaction to the Supreme drafters and supporters intended. It is also put forth as the demCourt's activism of the 1960s and early 1970s has been almost ocratic thing to do since the Constitution and its amendments exclusively normative. The preponderant effort has been to show are to be viewed as effectively "super-statutes" adopted by an that the activism was wrong--that the Court abused its power extraordinary majority which can properly be altered only by by using it to excess. Most of the criticism can be fairly seen as another such extraordinary majority. a conservative ideological reaction to the liberal values that aniThe proposition that broad constitutional provisions might be mated that activism. It coincided with significant changes in properly approached somewhat differently from most ordinary American politics: the decay of the political coalition that prostatutes usually gains no appreciation. Indeed, the strenuous insisvided a climate of support for the broad thrust (if not all the tence on confining constitutional interpretation to original intent details) of what is usually thought of as "Warren Court" often seems premised upon an almost "fundamentalist" insisactivism, and the gradual coming to power of a new conservatence on

Journal

The Good SocietyPenn State University Press

Published: Mar 12, 2002

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