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The Least Dangerous Branch
Alexander M. Bickel
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The Least Dangerous Branch
Alexander M. Bickel
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About This Book
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 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 Courtâs power. In this way he accomplishes his stated purpose: âto have the Supreme Courtâs exercise of judicial review better understood and supported and more sagaciously used.â The book now includes new foreword by Henry Wellington.
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72
The
LeastÂ
DangerousÂ
Branch
leeway,
without
offense
to
principle.Â
They
may
well
beÂ
forÂ
the
1960's
the
equivalent
of
segregatedÂ
schooling
a
centuryÂ
ago.Â
This
is
notÂ
toÂ
say
that
the
SupremeÂ
CourtÂ
shouldÂ
legitimate
themâonly
that
it
shouldÂ
leave
their
constitutionality
undecided.
Before
exam-
ining,
however,
the
jurisdictional
techniques
and
cognateÂ
devices
which
wouldÂ
enable
the
Court
to
achieveÂ
thisÂ
result,
we
must
considerÂ
certainÂ
otherÂ
approaches
toÂ
the
generalÂ
problem
ofÂ
the
nature
and
justification
of
judicialÂ
review.