What Counter-Majoritarian Dilemma?
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Keywords

counter-majoritarian
judicial review
democracy
public opinion
experiment

Abstract

Despite decades of debate over the counter-majoritarian dilemma (CMD), little scholarship explores public reactions to counter-majoritarian decisions. Using a survey experiment, we test whether ordinary Americans are concerned about the CMD. Varying the size of the majority overruled by the U.S. Supreme Court, whether the Court overruled Congress or the people themselves, and even if subjects were “taught” about the CMD before receiving the treatment, we find little evidence that counter-majoritarian rulings trouble Americans. Instead, people usually evaluate such decisions based on their policy preferences. We uncover suggestive evidence, however, that Americans’ trust in Congress can affect their support for counter-majoritarian decisions.

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