New Majoritarian Constitutionalism

Author:Joseph Landau
Position:Professor of Law, Fordham Law School
Pages:1033-1092
SUMMARY

Ever since Alexander Bickel coined the phrase "countermajoritarian difficulty," commentators have frequently described the Supreme Court as either a "majoritarian" or "counter-majoritarian" institution. In this heuristic dichotomy, the Justices either base constitutional law on their own independent and subjective interpretations or they rely on extrinsic indicators to determine constitutional... (see full summary)


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