Book Review:
Thomas D. Rowe, Jr., Consent and the Roots of Judicial
Authority: The Constitutional Writings of Archibald Cox
(reviewing Archibald Cox’s The Role of the Supreme Court in
American Government (1976)), 55 TEXAS L. REV. 163 (1976).
Abstract:
This book review discusses the constitutional writings of
Archibald Cox. Professor Rowe praises Cox, who saw a cornerstone
of his work as a scholar put to the severest of tests in the
world of affairs—and proven sound. According to Professor Rowe,
even for those who disagree with Cox, his patient development of
constitutional theory, insisting on the appropriateness of
restrained, principled, and scrupulous reference to social
mores, should stand as a significant intellectual achievement.
Cox has shown us how the judiciary can, on the basis of a
coherent theory, act to bring constitutional law into harmony
with developing notions of justice. At the same time, he has
reminded us that the essential work of building a just and
humane democratic society must proceed from the people.