Abstract
The liberal legacy of the Warren Court, the turmoil within and around its successor, and the advent of the bicentennial of 1787 have increased popular as well as scholarly interest in constitutional theory in general and constitutional interpretation in particular. We are now being treated to a new and intense version of an old debate about the nature of the American political system and proper institutional roles in determining the meaning of the principles underlying the polity. This debate highlights not only issues of fundamental disagreement but also central questions that must first be addressed before one can construct a systematic constitutional jurisprudence or a coherent theory of constitutional interpretation.
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