Many argue that by acting as a safety valve against poor, factious, or tyrannical legislation, the Supreme Court might actual make unwanted legislative outcomes more likely.This is described as the problem of

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Moral hazard refers to a situation where a party's willingness to take risks increases because they know that the costs of their actions will be borne by others. In the context of the Supreme Court, this means that lawmakers may take more risks in passing controversial or extreme legislation because they know that the Court can strike it down if necessary. This could lead to more radical legislative outcomes that may not have been possible if the Court did not exist, making the problem of moral hazard a significant concern in constitutional law.

Many Argue That by Acting as a Safety Valve Against