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Toward a Judicial Role for the Twenty-First Century
Black, Charles
Black, Charles
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Judicial_Role.pdf
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Abstract
Just about a week less than seven years ago-the week's difference being explained by my daughter's insistence this year that I not again miss her April 29th birthday-I had the honor to begin the 1970 Holmes Devise Lectures at this law school. I spoke then of The Unfinished Business of the Warren Court. We know a great deal more tonight than we did then about the state of that agenda. Let me above all remind you that whatever that state may be is for the time being only. John Marshall, as I then said, died a disappointed man, surrounded by omens of the impending wreckage of his dreams, and twenty-five years after his death the country seemed, in the most decided manner, to have rejected his vision of a single sovereign nation. Yet, thirty-five years after his death, this vision had entirely prevailed. The setbacks of today-and the picture even now is not of setbacks only-ought to be viewed in that kind of time-scale.
