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The text argues the framers designed and structured the Supreme Court to be an anti- (or counter-) majoritarian institution. First, what does that mean and how and why did they do it? Has the Court lived up to the framers' expectations? Why or why not? Explain using specific examples and Supreme Court decisions. How important is this anti-majoritarian institution to upholding American democracy?

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Answer:

The framers of the United States Constitution designed the Supreme Court to be an anti-majoritarian institution. This means that the Court is not supposed to simply reflect the will of the majority, but to protect the rights of minorities and to ensure that the government does not overstep its bounds.

There are a number of reasons why the framers designed the Court in this way. First, they were concerned about the dangers of mob rule. They believed that a majority could easily oppress a minority, and that the Court was necessary to protect the rights of those who were not in the majority.

Second, the framers were concerned about the dangers of tyranny. They believed that a government could easily become too powerful, and that the Court was necessary to check the power of the government.

Third, the framers were concerned about the dangers of factionalism. They believed that a government could easily be divided into factions, and that the Court was necessary to ensure that the government represented the interests of all the people, not just the interests of a particular faction.

The Supreme Court has lived up to the framers' expectations in many ways. For example, the Court has struck down laws that discriminate against minorities, such as laws that segregated schools. The Court has also struck down laws that violate the rights of individuals, such as laws that prohibit burning the American flag.

However, the Court has not always lived up to the framers' expectations. For example, the Court has upheld laws that discriminate against minorities, such as laws that restrict the right to vote. The Court has also upheld laws that violate the rights of individuals, such as laws that allow the government to detain people indefinitely without charging them with a crime.

Despite its shortcomings, the Supreme Court is an important anti-majoritarian institution. The Court plays a vital role in protecting the rights of minorities and in ensuring that the government does not overstep its bounds. The Court is an essential part of American democracy, and it is a vital check on the power of the majority.

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