An Affectionate, but Contrarian, Remembrance

Richard A. Epstein, "Online Alexander Bickel Symposium," SCOTUSblog (August 17, 2012).


There is little question that The Least Dangerous Branch counts as one of the most important books in constitutional law scholarship ever. Written some fifty years ago, it should not be understood, however, as a timeless constitutional doctrine, but as a response to the many challenges in constitutional law that arose at a time when the implications of two constitutional transformations had still not been worked out.