The Yale Law Journal

Philip P. Frickey


Judicial Review, the Congressional Process, and the Federalism Cases: An Interdisciplinary Critique

Philip P. Frickey & Steven S. Smith

111 Yale L.J. 1707 (2002)

Following the lead of Alexander Bickel's The Least Dangerous Branch: The Supreme Court at the Bar of Politics, legal scholars have been obsessed with the countermajoritarian aspects of judicial review. Much of the literature is normative--how can the dilemma of judicial re…