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Journal Article
The Subjects of the Constitution
2010
Overview
According to Harvard Law Professor Richard Fallon, federal courts scholars have been doing much the same thing since the original publication of The Federal Courts and the Federal System2 in 1953-asking much the same questions formulated by Henry Hart and Herbert Wechsler . . . and trying to answer them with roughly the same techniques. [...] these two articles set forth a new model of judicial review, a new lens through which to read the Constitution. [...] the Court's euphemistic pathetic fallacy-declaring that statutes, rather than governmental actors violate the Constitution-has not merely obscured constitutional accountability and abetted constitutional culprits; it has also led to deep analytical confusion about the constitutional structure of judicial review.
Publisher
Stanford University School of Law,Stanford Law School,Stanford University, Stanford Law School
Subject
