Articles, notes, and symposia pieces published in CLR’s print volumes.
Print Edition
The New Countermajoritarian Difficulty
The “countermajoritarian difficulty” was a central preoccupation for twentieth-century constitutional law scholars.1 Alexander Bickel, who coined the phrase in The Least Dangerous Branch, located that difficulty institutionally in the courts. Judicial review, he wrote, involved the “reality that when the Supreme Court declares unconstitutional a legislative act or the action of an…