Courts aren't supposed to be counter-majoritarian, they're supposed to be super-majoritarian. They tell temporary majorities that some larger, longer-lasting majority's rule still stands in force.
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Replying to @baseballcrank
What constitutes the long standing majority—say, the super majorities that resulted in the 15th amendment?
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Replying to @yeselson
Constitutional provisions & amendments > federal statutes > everything else
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Replying to @baseballcrank
Right—so, seriously, how do you account for Shelby County?
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Replying to @yeselson
The central question in that case was whether Congress exceeded a Constitutionally delegated power, and specifically whether there was any judicial reviewable standard to determine that.
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Replying to @baseballcrank
How could Congress exceed that power when section 2 of the 15th amendment gave that power exclusively to Congress?
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Articles I & II are full of powers explicitly given to Congress or POTUS. That doesn't typically end the inquiry into whether challenges to exceeding the grant of power are judicially reviewable - it *begins* the inquiry.
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