Munger comments on John Ferejohn's recent article in which Ferejohn examines some key issues raised by the exercise of legislative power by the judicial branch. Ferejohn claims that Americans have chosen to accept the judicialization of politics, leaving the courts the option of exercising power inappropriately. Munger argues that while the courts do have power, they forebear from exercising it for long periods of time.
Michael C. Munger,
Comment on Ferejohn’s “Judicializing Politics, Politicizing Law”,
65 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol65/iss3/5