and that's the madisonian, that's the solution of the madisonian dilemma. madisonian being, referring to james madison, of course. who wrote the famous passages in the federalist papers. >> host: , -- yeah, the question is tricky because when you, when you have a minority, the minority, i guess, is basically protected through the constitution, through the bill of rights? how is the minority protected in our system? >> guest: well, the minority's protected in a couple of ways. one is the forbearance in the majority. you know, the majority is not automatically a vicious crowd. they often allow behavior they don't like in the interest of liberty, in sympathy for a minority. and in cases where they don't and the constitution speaks, then the court protects the minority. >> host: one of the things that, switching slightly. your colleague who you described in the book is a great man, and you wrote an appreciation of him in the book -- alexander bickell -- focused on some of this quite a lot. and he also talked, what i thought was a wonderful quote, talking about