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The Term Limits Dissent: What Nerve

Abstract

This Article asks why Justice Thomas' dissent in Term Limits has aroused such intense criticism. After considering and rejecting a number of possible explanations, it concludes that the dissent can plausibly be viewed as a revolutionary threat only by those who are committed to a radically nationalistic position. Upon examination, that position is found to be based not on majoritarianism but on an aspiration for exhaustive control by legal prescription.

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Nagel, R. F., (1996) “The Term Limits Dissent: What Nerve”, Arizona Law Review 38(3), 843–857.

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Robert F. Nagel

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