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Frank I. Michelman, Living with Judicial Supremecy, 38 Wake Forest L. Rev. 579 (2003).

Abstract: To use a political term of the time, a "social contract" that included biblical believers and Enlightenment rationalists was the basis of the founding of the United States...Our pressing question is...whether the successor parties--today's governed populace and their judicial governors--still recognize the essence of the contract. In practice, the American scheme of constitutional democracy invests the courts with ultimate authority to decide what the Constitution is to mean.