- Paperback: 306 pages
- Publisher: Yale University Press; 2nd edition (September 10, 1986)
- Language: English
- ISBN-10: 9780300032994
- ISBN-13: 978-0300032994
- ASIN: 0300032994
- Product Dimensions: 5.6 x 0.8 x 8.1 inches
- Shipping Weight: 12.8 ounces (View shipping rates and policies)
- Average Customer Review: 6 customer reviews
- Amazon Best Sellers Rank: #255,567 in Books (See Top 100 in Books)
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The Least Dangerous Branch: The Supreme Court at the Bar of Politics 2nd Edition
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"Alexander Bickel attempted to resolve the central problem of constitutional law: Our political ethos is majoritarian, but the court, possessing the power to nullify laws democratically enacted, is countermajoritarian. The problem becomes acute when the court imposes principles not to be found in the Constitution. Mr. Bickel justified that role by saying that courts should apply principles drawn from the 'evolving morality of our tradition.' Written gracefully and offering many insights into constitutional doctrines, this book is the most intellectually honest, if unsuccessful, defense of non-originalism of which I am aware."—Robert Bork, Wall Street Journal
From the Back Cover
This classic book on the role of the Supreme court in our democracy traces the history of the Court, assessing the merits of various decisions along the way. Eminent law professor Alexander Bickel begins with Marbury vs. Madison, which he says gives gives shaky support to judicial review, and concludes with the school desegregation cases of 1954, which he uses to show the extent and limits of the Court's power. In this way he accomplishes his stated purpose: 'to have the Supreme Court's exercise of judicial review better understood and supported and more sagaciously used.'