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1 1 (1988)

handle is hein.amenin/aeiaass0001 and id is 1 raw text is: and te Qust fr Jutr Among the purposes for which we the people... [did] ordain and establish this Constitution, according to the Preamble, was the intention to establish Justice. Although the Constitution no- where explains just how this is to be done, American political tradition associates the establishment of justice with a strong, in- dependent judiciary. According to one view, justice is done when the courts observe and enforce the civil and political rights and procedures spelled out in the Constitution-nothing more, nothing less. Another con- temporary school of thought suggests that the courts must incor- porate new notions of right and morality into their rulings, partic- ularly in circumstances never contemplated by the founders. What begins as an inquiry into the role of the courts becomes an inquiry into the fundamental principles of the regime. Seven prominent scholars reflect on how the courts should understand and promote justice: WALTER BERNS Georgetown University American Enterprise Institute ABRAM CHAYES Harvard Law School HARRY M. CLOR Kenyon College ROBERT K. FAULKNER Boston College HENRY G. MANNE George Mason University School of Law and Law and Economics Center GARY L. MCDOWELL Center for Judicial Studies MICHAEL J. PERRY Northwestern Univrsity School of Law -4 I 0 0 2 ci, -4 C -4 2 -4 I 0 C -4 2 0 -4 I m 0 C rn Co -4 '1 0 C -4 I,' U a. ci) 3 Q III This book is the eighth in the series A Decade of Study of the Constitution. ISBN 978-0-8447-3692-1 90000 9 780844 736921 Amerkcan Enterprise Instiute Constuiona~ S~ud s The Constitution, the Courts, and the Quest for Justice Robert A. Goldwin and William A. Schambra, editors o co~s

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