antimajoritarian

Of course, my objection is not to the court being antimajoritarian; it is that in Brown v.

The Conservative Assault on the Constitution Erwin Chemerinsky 2010

Any judicial review that invalidates government actions, whether based on the original understanding or not, is antimajoritarian.

The Conservative Assault on the Constitution Erwin Chemerinsky 2010

Second, recognizing that the Constitution is itself antimajoritarian lessens the concern that judicial review is antidemocratic.

The Conservative Assault on the Constitution Erwin Chemerinsky 2010

Finally and very importantly, the antimajoritarian nature of the Constitution protects minorities of all sorts.

The Conservative Assault on the Constitution Erwin Chemerinsky 2010

Put together, this seems to me a great case study of the recurring debates about popular sovereignty, constitutionalism, the role of courts, and more broadly the mixed majoritarian and antimajoritarian nature of American constitutions.

The Volokh Conspiracy » Popular Sovereignty: 2009

In his essay, Kurt Lash's Majoritarian Difficulty, Professor Barnett characterizes my approach to the Ninth Amendment as majoritarian and argues that the Ninth was intended to reflect the distinctly antimajoritarian views of Madison and the First Congress.

Archive 2008-01-01 Mary L. Dudziak 2008

It is probably more correct to say that Lawrence is antifederalist than that it is antimajoritarian.

Should we legally recognize polyamorous marriages? 2005

It is probably more correct to say that Lawrence is antifederalist than that it is antimajoritarian.

Balkinization 2003

In this sense the Supreme Court is much less antimajoritarian than is commonly assumed.

Balkinization 2003

In this sense the Supreme Court is much less antimajoritarian than is commonly assumed.

Should we legally recognize polyamorous marriages? 2005