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In Defense of Judicial Elections by Chris W. Bonneau & Melinda Gann Hall

Engage Volume 12, Issue 1, June 2011

Alexander Hamilton in Federalist 78 famously called the judiciary the “least dangerous branch” of government. That, of course, was long before judges discovered the power that could be theirs by imparting some meaning to simple phrases like “due process,” “equal protection,” and similar words in the constitutions of the various states...