countermajoritarian

More generally, the countermajoritarian critique applies to vast reams of US politics, including the sprawl of independent regulatory agencies, the Federal Reserve, the courts, a variety of constitutional provisions, aspects of international cooperation, insulated bureaucracies and military staffs, and much much more.

Matthew Yglesias » Countermajoritarianism in California 2009

The first concerns the countermajoritarian difficulty and the justifications offered for judicial intervention to overturn policy supported by the political branches or the mass public.

The Volokh Conspiracy » Concluding Thoughts on Public Opinion and Constitutional Law 2009

In the many cases where this is true, judicial overruling of the law in question is unlikely to be “countermajoritarian” in any meaningful sense.

MRV watch, Arnold Kling | EconLog | Library of Economics and Liberty 2009

First, the Constitution itself is both a countermajoritarian document and a majoritarian one; the initiative amendment provision is itself a designedly majoritarian feature.

The Volokh Conspiracy » Justice Moreno’s Partial Dissent: 2009

His rationale is that “a transfer of the authority to protect the equal rights of a suspect class away from the judiciary to an electoral majority” is a “kind of change in the countermajoritarian nature of the equal protection clause” that “is the type of fundamental alteration that can be done only through a constitutional revision.”

The Volokh Conspiracy » Justice Moreno’s Partial Dissent: 2009

The first concerns the countermajoritarian difficulty and the justifications offered for judicial intervention to overturn policy supported by the political branches or the mass public.

The Volokh Conspiracy » Concluding Thoughts on Public Opinion and Constitutional Law 2009

Sandy Levinson has famously argued that a presidential veto is countermajoritarian.

Balkinization 2007

Contained within Bickel's characterization of the countermajoritarian difficulty are several assertions which can be examined empirically.

Archive 2008-12-01 Mary L. Dudziak 2008

Contained within Bickel's characterization of the countermajoritarian difficulty are several assertions which can be examined empirically.

Peretti, An Empirical Analysis of Bickel, The Least Dangerous Branch Mary L. Dudziak 2008

Judges often play a countermajoritarian role against a Congress that wishes to aggrandize its power at the expense of the Constitution, e.g.

What if federal law allows the death penalty for raping a child and the Supreme Court analyzed "evolving standards of decency" without noticing? Ann Althouse 2008