Constitutional Stability and the Deferential Court

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Authors: Sonia Mittal, Barry R. Weingast
Cited by: 5

Abstract

<div> Although Alexander Hamilton famously called the American judicial&nbsp;<span>system the least dangerous branch in Federalist No. 78, many legal&nbsp;</span><span>scholars and political scientists in recent years have been troubled by&nbsp;</span><span>the powerful role of the Supreme Court in constitutional interpretation&nbsp;</span><span>and the countermajoritarian difficulty.1 Scholars holding this&nbsp;</span><span>view worry that an unelected Court with the power to declare a legislative&nbsp;</span><span>act or the action of an elected executive unconstitutional subverts&nbsp;</span><span>the will of the prevailing majority. They often share the normative&nbsp;</span><span>orientation of classic legal scholars of judicial review.</span> </div>

Fields of Study & Subjects

Judicial and Constitutional Studies Legal and Constitutional Studies American Constitutional Law and Politics

Publication details

Journal / source
SSRN Electronic Journal
Publisher
Elsevier BV
Volume
13
Issue
2
Pages
337
Publication date
1 January 2026
Language
EN
Document type
Preprint