Judicial Review and the Unwritten Constitution

FAIN: FT-12020-74

Thomas C. Grey
Stanford University (Stanford, CA 94305-2004)

To examine the origins and subsequent evolution of the use of concepts of "natural" or "fundamental" rights in judicial review of legislation under the United States Constitution. The origins lie in the politics and ideology of the English 17th century, and in the politics and ideology of the American Revolution. The evolution in the courts has been constant and unbroken from the defense of property rights by the Marshall Court to the new fundamental rights of the Warren Court.