“It’s Alexander Bickel’s Fault”

Erwin Chemerinsky, "Online Alexander Bickel Symposium," SCOTUSblog (August 16, 2012).

Excerpt:

Modern constitutional theory began with Alexander Bickel’s The Least Dangerous Branch and its declaration that judicial review is a “deviant institution” in American democracy and that there is a “counter-majoritarian difficulty” in having an unelected judiciary with the power to invalidate the acts of popularly elected officials.

Online:
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