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