A world without judicial review? Not that long ago-when the Left fought tooth and nail to defend the legacy ofthe Warren and (much of the) Burger Courts-the thought of taking the Constitution away from the courts would have been horrific. Witness, for example, Edward Kennedy\u27s depiction of Robert Bork\u27s America!\u27 as a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, [and] rogue police could break down citizens\u27 doors in midnight raids. Bork\u27s sin, of course, was embracing a kind of populist constitutional discourse, that is, the notion that the founders banked a good deal upon the good sense ofthe people and their elected representatives to sort out the meaning of equality, due process, and the like
