Countermajoritarian Federalism
11 Pages Posted: 2 Mar 2006 Last revised: 21 May 2014
Abstract
The seeming oxymoron of the title describes a preference for more popularly responsive rule, i.e., federalism, but by the least democratic subnational governmental unit-state judiciaries. In this short essay, Professor Lee introduces the concept of countermajoritarian federalism and suggests that it may explain Justice Stevens' jurisprudence of federalism.
Keywords: federalism, Justice Stevens, state judges
JEL Classification: K1, K2, K3, K4
Suggested Citation: Suggested Citation
Lee, Thomas H., Countermajoritarian Federalism. Fordham Law Review, Vol. 74, 2006, Columbia Public Law Research Paper No. 06-109, Available at SSRN: https://ssrn.com/abstract=887163
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