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The Search for Objectivity in Constitutional Law, 57 Yale Law Journal 571 (1948)


This is an era of avowed sophistication in the Supreme Court. To talk, as Justice Roberts did, of simply laying a statute alongside an article of the Constitution to see if the former squares with the latter, now seems almost like dredging up an antiquity. Justice may always have been sufficiently sophisticated to know that the judicial process is not that simple, that in the constitutional field the process is primarily political, not judicial; but it is only recently that they have admitted as much and have begun to discuss publicly their methods of deciding cases.

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