John H. Ely's Formulation of "Representation- Reinforcement" As An Approach For Constitutional Interpretation

Abstract

Ely’s approach has had a fair amount of influence on the Supreme Court’s approach to constitutional interpretation since the 1990s. Boynton argues that Ely and the Court’s approach resembles in many areas.48 The Court has not completely adopted Ely’s approach but it is leaning towards it, in its reading of privileges and immunities clause for instance.49 Ely’s approach also serves to explain the Warren Court’s decisions but he did not agree with all of Warren Court decisions.50 No one theory can fully explain the decision making of the Court in a comprehensive manner. Insofar as Ely’s theory has given us a limited justification of judicial review in tandem with democratic ideals of the American polity, it has made its mark.