INTRODUCTION John Hart Ely (4) was a great one for believing that "[t]he most archaic-sounding provisions of our founding document, their purposes intelligently unpacked, generate commands of complete contemporary relevance." (1) In Democracy and Distrust, (2) his unpacking produced a theory of judicial review devoted to "clearing the channels of political change" (3) and to "facilitating the representation of minorities." (4) Conversely, in War and Responsibility, (5) his unpacking produced an argument for congressional primacy in decisions to use military force because of a constitutional commitment to "clogging rather than facilitating [the change from peace to] war." (6)
