Address:
J. Clifford Wallace, A Two Hundred Year Old Constitution in
Modern Society, 61 TEXAS L. REV. 1575 (1983).
Abstract:
Judge Wallace, of the Ninth Circuit Court of Appeals, delivered
a version of this address as the Vinson & Elkins Lecture at The
University of Texas School of Law on April 6, 1983. Judge
Wallace notes that the extent to which the Constitution provides
an unchanging set of legal norms determines whether or not
updating the Constitution is required to meet modern legal
needs. The difficulty in determining whether or no these legal
norms exist in the Constitution arises from the various
approaches courts use to analyze constitutional problems. Judge
Wallace concludes that the Constitution, as written, is
appropriate for the legal challenges of modern society. He
encourages courts to reject judicial activism and return to a
language-based analysis of constitutional cases.