B. The Limits of the Court: Countermajoritarianism Please consider the court cas
ID: 1161271 • Letter: B
Question
B. The Limits of the Court: CountermajoritarianismPlease consider the court cases ( The Cherokee Cases, Aaron v. Cooper, and Brown v. Board of Education) in the documentary Judicial Independence.
How important is the theory of countermajoritarianism to the protection of minority (ethnic, religious, dissidents, etc) rights? What are the limitations of the United States Supreme Court? How do the public and government reactions to Worcester v Georgia and Brown v Board demonstrate the importance of judicial independence? B. The Limits of the Court: Countermajoritarianism
Please consider the court cases ( The Cherokee Cases, Aaron v. Cooper, and Brown v. Board of Education) in the documentary Judicial Independence.
How important is the theory of countermajoritarianism to the protection of minority (ethnic, religious, dissidents, etc) rights? What are the limitations of the United States Supreme Court? How do the public and government reactions to Worcester v Georgia and Brown v Board demonstrate the importance of judicial independence? B. The Limits of the Court: Countermajoritarianism
Please consider the court cases ( The Cherokee Cases, Aaron v. Cooper, and Brown v. Board of Education) in the documentary Judicial Independence.
How important is the theory of countermajoritarianism to the protection of minority (ethnic, religious, dissidents, etc) rights? What are the limitations of the United States Supreme Court? How do the public and government reactions to Worcester v Georgia and Brown v Board demonstrate the importance of judicial independence?
Explanation / Answer
Judiciary is counter-majoritarian is the leading explanation of judicial deferences. They have majoritarian credentials as good or even better than institutions whose actions they review. Within the federal government, majoritarian credentials of judges are lesser than those of Congress. The judges represent a national constituency.
Judicial reviews conflict with democracy because it allows unelected judges to nullify actions of representative branches of government. However, the theory of counter-majoritarianism fails to the actual patterns of deference in judicial decision making. Judges defer irrespective of their democratic credentials. The theory assumed that majoritarianism can be used to test all institutions
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