On Judicial Review: Laurence H. Tribe, Jeremy Waldron, and Mark Tushnet Debate

The Spring 2005 issue of Dissent featured a forceful article by Mark Tushnet, "Democracy versus Judicial Review," which proposed an End Judicial Review Amendment (EJRA) to the U.S. Constitution. It would read, "Except as authorized by Congress, no court of the United States or any individual state shall have thepower to review the constitutionality of statues enacted by Congress or by state legislatures." Two leading legal philosophers argue with Tushnet and he replies.