This text argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized meaning. The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two - implementing the Constitution - requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises.
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This text argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized meaning. The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two - implementing the Constitution - requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises.
Read Less