Duquesne Law Review


Bruce Ledewitz


This article was adapted from a speech delivered by the author at the Lawrence County, Pennsylvania Law Day Program on May 3, 2004, at the invitation of the Lawrence County Bar Association. The author examines a portion of Justice John M. Harlan's well-known dissent in Poe v. Ullman for its implied understanding of the role of judicial review in American political life. He submits that Justice Harlan there suggested that constitutional interpretation by the courts is heavily influenced by public opinion, and that this is a healthy phenomenon. The author ultimately concludes that, in this sense, our Constitution is "A Constitution for Everyone," as opposed to a document interpreted exclusively and independently by lawyers.

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