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Felix Frankfurter's Revenge? A Democracy Built by Judges

Felix Frankfurter's Revenge? A Democracy Built by Judges

Beginning with its landmark decision in Baker v. Carr (1962), the Supreme Court has been actively involved in shaping American democracy for almost 50 years. In his dissent, Justice Felix Frankfurter warned we would rue the day we allowed judges, acting as amateur political scientists, to have the final word on the functioning of American democracy. Enough time has passed to test Justice Frankfurter's hypothesis. Do cases like Bush v. Gore...

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