Warren and Rehnquist Courts
lesl at UDEL.EDU
Fri Aug 11 16:43:28 PDT 2000
I wish simply to point out that when something happens like Mark's
description of the violence against women act story, what is going on IS
counter majoritarianism with the accountable elties (Congress) handing
off power to non-accountable elites (judges) to do their "dirty work"
(i.e. adopt policies that run conter to majority preferences.
Mark Graber wrote:
> ...appoint of justices with that belief. The justices then sometimes strike down federal statutes on that basis. Some Republicans, however, occassional vote for statutes that seem inconsistent with their general committed to more limited federal power, particularly when it is for something like violence against women, which is hard to oppose. These legislators, however, never say a word when their handiwork gets struck down and continue to support justices with conservative notions of federalism.
> My point is not that the authoritative expression of republic sentiment is the judicial decisions or the legislative decisions, but that in this circumstance there probably is no authoritative expression of republican sentiment, and that is where historically the court has exercised the most power.
> Mark A. Graber
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