...two opposing principles that must be continually reconciled. The first principle is self-government, which means that in wide areas of life majorities...which the individual must be free of majority rule. 50 Bork articulates inadequately the liberal ideal of limited government. His underlying claim is that...

...two opposing principles that must be continually reconciled. The first principle is self-government, which means that in wide areas of life majorities...which the individual must be free of majority rule. The dilemma is that neither majorities nor minorities can be trusted to define the proper spheres of...

...constitutional courts face, Bork tells us, is this: [America's] first principle is self-government, which means that in wide areas of life majorities...if they wish, simply because they are majorities. [It's second principle is] that there are nonetheless some things majorities must not do to minorities,...

...dilemma," according to Bork, is the dilemma of how to reconcile the opposing principles of self rule — "that in wide areas of life majorities are entitled...if they wish, simply because they are majorities" — and the protection of individual rights.34 But as Jaffa cogently argues, there is no hint anywhere...

...that Bork contends that the first principle of a Madisonian system is the principle of selfgovernment, "which means that in wide areas of life majorities...if they wish, simply because they are majorities." But the second principle of the Madisonian system "is that there are nonetheless some things majorities...

..."first principle" of the American "system," Bork writes, "is self-government," which "means that . . . majorities are entitled to rule, if they wish, simply because they are majorities." But there is a "second" principle too: "that there are nonetheless some things majorities must not...

...two opposing principles that must be continually reconciled. The first principle is self-government, which means that in wide areas of life majorities...which the individual must be free of majority rule. 48 I believe that this inadequately articulates the liberal ideal of limited government. Bork's underlying...

...." ; Robert H. Bork, THE TEMPTING OF AMERICA 139 (Free Press 1990): American "self-government. . . means that in wide areas of life majorities are entitled to rule . . . simply because they are majorities"; Steven G. Calabresi, Textualism and the Countermajoritarian...

...thought on such matters. America's first principle as a nation, Judge Bork wrote, is self-government, which means "that in wide areas of life majorities...if they wish, simply because they are majorities." Our second principle, he continued, is "that there are nonetheless some things majorities must not...

...usually economists themselves who discover the exceptions in the first place. Democratic Fundamentalism In wide areas of life majorities are entitled to rule,...if they wish, simply because they are majorities. — Robert Bork, The Tempting of America15 The disparity between economists' open-mindedness and the...