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90 Yale L.J. 741 (1980-1981)
Roosevelt Court, Democratic Ideology, and Minority Rights: Another Look at United States v. Classic, The

handle is hein.journals/ylr90 and id is 759 raw text is: The Yale Law Journal
Volume 90, Number 4, March 1981
The Roosevelt Court, Democratic Ideology,
and Minority Rights: Another Look at
United States v. Classic*
David M. Bixbyt
I. Minorities, Majorities, and a New Ideology                746
A. The Tyranny of the Majority Revisited                 746
B. Group Conflict and Unrestrained Majoritarianism       752
C. Preserving the Democratic System                      759
II. The Court and the Politics of Unreason                    761
A. Harlan Fiske Stone                                    762
B. Felix Frankfurter                                     767
C. Frank Murphy                                          770
D. Hugo L. Black                                         774
E. William 0. Douglas                                    775
F. An Emerging Consensus                                 777
I would like to thank the Hugo L. Black family for granting me access to the
Hugo L. Black Papers, Library of Congress, Manuscript Division, and the staff of the
Sterling Memorial Library at Yale University for permitting me to quote from the
Jerome Frank and Max Lemer Papers. I owe special thanks to Professor Robert Cover,
Yale Law School, for assistance and encouragement beyond the call of duty.
tJ.D., Yale Law School, 1980.


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