Too Principled to Stand on Principle?

Louis Michael Seidman, "Online Alexander Bickel Symposium," SCOTUSblog (August 14, 2012).


At the dawn of the American constitutional tradition, John Marshall wrote in Marbury v. Madison (1803) that “[q]uestions in their nature political . . . can never be made in this court.” He then proceeded to craft a brilliant political document that asserted sweeping power in the guise of self-abnegation and brazenly delegitimized his political opponents while artfully shielding himself from political retribution.