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The Rise of Modern Judicial Review: From Judicial Interpretation to Judge-Made Law,

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Dr. Christopher Wolfe is a gifted legal scholar, and this book is one of the best on the evolution of U.S. judicial review, tracing its history from Federalist No. 78 and the landmark case, Marbury v. Madison. Wolfe describes three major periods in the transformation of judicial review, beginning with the first, or "traditional" period, from the birth of the Constitution until the end of the 19th century, which embraced a notion of interpretation based on a "fair reading" of the Constitution and a moderate form of judicial review. The second, or "transitional" period, from the end of the 19th century until 1937, maintained the theory of the traditional era, but in actual practice, it spawned a more activist form of judicial review. The third, or "modern" period, from 1937 until the present, developed new activist theories of constitutional interpretation and judicial review. Many of Wolfe's theories do not necessarily prevail today in legal scholarship, especially with the rise of legal "realist" views, but this book is a good starting point to understanding constitutional law and separation of powers.