Against majoritarianism
 

Judge Robert Jackson: "[T]he very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and official, and to establish them as legal principles to be applied by the courts."
 
Noah Feldman, in NYRB: "Jackson's opinion initiated the modern commitment to specifically judicial constitutionalism because it assigned courts the function of protecting fundamental rights from popular majorities. This commitment reached its apotheosis in the decisions of the Warren Court that overturned segreagation, created procedures to protect criminal defendants, and dramatically expanded personal freedoms"

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unfinished everything is an original work / ongoing project (1997-present) by jeremy p. bushnell

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