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Article: Democracy, anti-democracy, and the canon.
- Article from:
- Constitutional Commentary
- Article date:
- June 22, 2000
- Author:
CopyrightCOPYRIGHT 2000 Constitutional Commentary, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Democracy is the Banquo's ghost of American constitutionalism. Appearing evanescently in vague discussions of process-based theories of judicial review, or in isolated First Amendment cases involving political speech, or in momentary Equal Protection forays into racial redistricting, democracy hovers insistently over the constitutional canon. Yet democracy itself has not been brought onto center stage. From the background, democracy's obligations press upon the canon's principal players--fights, equality, separation of powers, federalism. We endlessly debate which issues should be left to "democratic bodies" and which to judicial review, but with little concern for the ...