The Limits of Judicial Review in Constitutional Adjudication
Rudolph, Wallace M. & Rudolph, Janet L.
Abstract
Constitutional adjudication presently requires that in order for a party to challenge a governmental act he must claim that the act has violated his constitutional rights. The purpose of this article is to show that such a requirement undermines constitutional limits on governmental actions and is inconsistent with a proper interpretation of the Constitution. I. Introduction II. The Police Power III. The Government Operations Power IV. The Law Declaration Power V. Conclusion