Comments on Dorf on Law: The Important Countermajoritarian Difficulty

您好與您一起分享有關於黃金回收的
2011-07-16T00:00:24.068-04:00
您好與您一起分享有關於黃金回收的
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謝謝

因為有朋友剛好有推出嬰兒的護膚衣
夏天很適合寶寶穿喔！對孩子的皮膚也有更好的保護
對有這樣困擾的baby有很大的幫助喔^^ 可以給你參考看看ㄉ^^
這種的護膚衣是天然竹炭材質
具有吸濕、排汗、抗菌的效果
現在天氣這麼熱，對小朋友應該是不錯的選擇
天然竹炭護膚衣寶寶專用 (點進去看看喔)
穿起來很舒適喔
可以看看網站上的影片
寶寶異位性皮膚炎常識 (點進去看看喔)
是朋友哥哥的小孩穿的喔^^
也有關於嬰兒的一些資訊可以提供你參考喔
育兒知識 (點進去看看喔)

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Michael, just to be playful, aren't the differ...

2009-07-10T22:08:49.340-04:00

Michael, just to be playful, aren't the differences between the US and Iran merely a matter of degree:

1. We both have a group of old men (OK, two women) who review legislation and decide if it is consistent with our values

2. It's almost impossible for candidates not approved by a major party to get on the ballot in either country

3. A minority candidate has gotten elected in both countries within the last 10 years with the help of #1, above

More seriously, even if we admit the enormous differences in scale, don't all countries have certain "countermajoritarian" institutions that seem ridiculous to outsiders but are accepted as normal by people inside the system?

All good points by Sam, and I'm not actually o...

2009-07-08T15:23:01.925-04:00

All good points by Sam, and I'm not actually opposed in principle to all super-majoritarian or counter-majoritarian forms of decision making. But I do think that on the whole, it's easier to justify the cm features of the courts than of our national legislative process.

Caleb, Good point, but MD already made it by noti...

2009-07-08T14:04:47.079-04:00

Caleb,

Good point, but MD already made it by noting that "the Senate itself...vastly over-represents residents of low-population states".

Mike,

I completely agree with the general thrust of your comments. I think it's worth noting, though, that one reason why SCOTUS has at best only marginal things to say about Items 1-5 *now* is that it once said non-marginal things about at least some of these items in the past. Regulation of capitalism (through maximum hour, minimum wage, occupational health and safety, child labor, etc.) was a big deal on the SCOTUS docket at the time of the last big economic bubble. It was only because of the famous "switch in time" that we are where we are today on Item 1 (which is also tightly connected to Items 2, 3, and 5).

On the issue of pandemics, the Court did weigh in on the question of mandatory vaccination in Jacobsen v. Massachusetts in the late 19th century (if memory serves). If it hadn't weighed in, where would we be now?

On the question of campaign finance, it could be argued that the reason why lobbyists are allowed the kind of influence that frustrates majority will is that the majority, speaking through their representatives, prefer it that way. Union members want their lobbyists to have better access, doctors want AMA lobbyists to have better access, farmers want.... and so on. This is a situation in which the majority ends up acting against the best interests of the majority. It's not just "What's the matter with Kansas?" any more.

It's also worth noting that not all of the supermajoritarian CMD mechanisms are created equal. Some of these mechanisms (e.g., 2 senators per State) are enshrined in the Constitution as a result of a supermajoritarian ratification process. Others (e.g., cloture in the Senate) are the result of rules adopted by the representative bodies themselves. And yet others are the result of majority vote through the initiative process (CA's supermajority rule to pass a budget)! In at least one of these cases, majority vote resulted in the hamstringing of future majorities.

How about the Senate itself -- why should Californ...

2009-07-08T11:19:45.022-04:00

How about the Senate itself -- why should California and Rhode Island (or Delaware) have the same number of Senators?