Document Type

Article

Comments

Yale Law Journal, vol. 93, pp. 1013-1072 (1984)

Abstract

I begin with a passage from Alexander Bickel's classic work, The Least Dangerous Branch:

The root difficulty is that judicial review is a countermajoritarian. force in our system. There are various ways of sliding over this ineluctable reality. Marshall did so when he spoke of enforcing, in behalf of "the people," the limits that they had ordained for the institution of a limited government . . . . Marshall himself followed Hamilton, who in the 78th Federalist denied that judicial review [was undemocratic].

Date of Authorship for this Version

1984

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