Popular Constitutionalism
It seems that the legislature has a very vital and significant part in helping to break down the constitution and this idea has been around for a long time. With the ideas of Judicial review and the overall idea of departmentalism, based on the Jeffersonian idea, that only the Supreme quote can explain.
"This transfer of ideas between legislature-made law and court-made law illustrates what legal scholar Robert Post has described as the "porous membrane dividing constitutional law from constitutional culture.""
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