The Yale Law Journal

Barry Friedman

Article

The Birth of an Academic Obsession: The History of the Countermajoritarian Difficulty, Part Five

Barry Friedman

112 Yale L.J. 153 (2002)

How is it that the countermajoritarian difficulty became the central frame for constitutional theory for the last fifty years? That is the question taken up in this, the last installment of The History of the Countermajoritarian Difficulty. The piece explains that the counter…