Book Review:
Sanford Levinson, Judicial Review and the Problem of the Comprehensible Constitution (reviewing Jesse H. Choper’s Judicial Review and the National Political Process (1980) and John Hart Ely’s Democracy and Distrust: A Theory of Judicial Review (1980)), 59 Texas L. Rev. 395 (1981).
 

Abstract:
Prof. Levinson notes that fewer and fewer scholars seem to believe that we can speak meaningfully about the 1787 Constitution, except as a remote ancestor. Both authors pay lip service to the Founders’ original vision, but they are more concerned with dealing of the problems of today than they are with honoring the visions of the past. This is completely understandable, and may even be desirable, but it is inconsistent with the Framers’ vision that their Constitution would fetter future generations from striking out on their own.