Document Type


Publication Date



Bill of Rights, Constitution, judicial review, amendment, constitutional change, article V


With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.

Library of Congress Subject Headings

Constitutional law, United States., Judicial review, Constitutional amendments, Constitution, Constitution. 1st-10th Amendments