the Warren Court's (1953-69) judicial activism. Notable advocates in- clude Harvard's Abram Chayes and Oxford's Ronald Dworkin. "The new constitutional theorizing is not aimed at the explication of the the- oretical foundations of the Constitution," writes McDowell, "it is typi- cally aimed at creating new theories of constitutionalism that are . . . superimposed on the Constitution."
Traditionally, American judges distinguished between social evils and constitutional violations....