Democracy and Distrust

Discover a groundbreaking proposal for the role of the Supreme Court in modern American law. In this powerful appraisal of judicial review, John Hart Ely argues that both traditional approaches to the Constitution are inadequate. Instead, he suggests the Court should prioritize majority governance while protecting minority rights. Ely's emphasis is on the procedural side of due process, and his approach is responsive to the changing wishes of a popular majority. This book is a must-read for experts in constitutional law, lawyers with general practices, and concerned citizens watching the bewildering changes in American law.