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4 Apr 2024, 6:32 am by Michael C. Dorf
Wechsler and Bickel were hardly alone among the liberal professoriate. [read post]
13 Feb 2024, 6:30 am by Guest Blogger
Several men, including Alexander Bickel, died before completing their commissions. [read post]
13 Jan 2023, 6:30 am by Guest Blogger
  The Justices are busy people with urgent practical responsibilities. [read post]
10 Jul 2022, 6:30 am by Sandy Levinson
  Bickel trusted the Court to discern our deepest “fundamental values,” such as a commitment to racial justice that required the invalidation of segregation in Brown v. [read post]
14 Jun 2022, 6:30 am by Guest Blogger
  But Dinan focuses on something even more important about most of the states: With only one exception (Delaware), they reject what Madison was so proud of in Federalist 63, i.e., the removal from “we the people” of even an iota of an ability to engage in direct governance. [read post]
16 Sep 2020, 6:30 am by Sandy Levinson
  Of course, there is the reality that the Constitution was designed by people who were profoundly antagonistic to the notion of “democracy” inasmuch as that required some genuine faith in the capacity of ordinary people to engage in what Federalist 1 described as “reflection and choice” about how we should in fact be governed. [read post]
17 Dec 2019, 12:15 pm by Ronald Collins
  Question: As a matter of originalist jurisprudence, do you think Alexander Bickel’s memorandum for Justice Felix Frankfurter in Brown v. [read post]
19 Sep 2019, 5:30 am by Guest Blogger
This is essentially his argument about Brown v. [read post]
15 Jun 2019, 8:00 am by Guest Blogger
   If most of the people I write about are extremists, then postwar movement conservatism -- and perhaps conservatism per se -- are extremist. [read post]
7 Jun 2019, 6:30 am by Sandy Levinson
 The crucial point is that Kersch has almost nothing to say about these debates, other than noting that it is an important category mistake to view Kurland, Wechsler, or Alexander Bickel as "conservatives," unless that is simply used to refer to anyone who expressed doubts about exercises of judicial power by the Warren Court. [read post]
22 Apr 2019, 6:30 am by Guest Blogger
’ The judiciary must ultimately depend on the people. [read post]
8 Apr 2019, 6:00 am by Sandy Levinson
  As social creatures, they are subject to the same pushes and pulls of social psychology that explain most people. [read post]
2 Dec 2015, 6:21 am by Guest Blogger
  The Government, borrowing from Alexander Bickel, invites the Court to issue a more minimal ruling. [read post]
11 Nov 2015, 2:03 pm by Mark Tushnet
I take the title of this post from Alexander Bickel. [read post]