When the Supreme Court exercises judicial control against the prevailing majority, it is referred to as ______.

Question

Quizplus · Accepted Answer

The countermajoritarianism difficulty refers to the tension between judicial review and democracy, where the Supreme Court may strike down laws or policies that are supported by the majority. This concept highlights the challenge of balancing the need for judicial control with respecting the will of the majority. Option A is incorrect because judicial review is a mechanism for the Supreme Court to exercise its power of constitutional interpretation over the actions of the other branches of government. Option B is incorrect because original jurisdiction refers to the authority of the Supreme Court to hear certain cases for the first time, rather than to overrule the majority. Option D is incorrect because judicial restraint is an approach in which the Court defers to the decisions of elected officials and avoids making bold decisions that could upset the balance of power between the branches of government.

When the Supreme Court Exercises Judicial Control Against the Prevailing