In this Article, Professor Siegan focuses on the difference between two views of constitutional interpretation. One view, the majoritarian, believes that the only thing majorities may not do is invade the liberties the Constitution specifies. The other, the individualist position, believes that majorities may invade the people's liberties only when specifically or implicitly authorized by the Constitution. After applying these two views to the original Constitution, the Bill of Rights, and to judicial responsibility, the author concludes that the more favorable approach is the latter.
Bernard H. Siegan,
Majorities May Limit the People's Liberties Only When Authorized to Do So by the Constitution,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol27/iss2/4