How Does Footnote Four Purport to Offer a Solution to the Counter-Majoritarian

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The Answer is Footnote Four, a famous passage in the United States Supreme Court's decision in United States v. Carolene Products Co. (1938), purports to offer a solution to the counter-majoritarian difficulty by suggesting that certain rights and liberties may require heightened judicial protection in order to prevent the tyranny of the majority. The counter-majoritarian difficulty refers to the tension between the principle of majority rule and the protection of individual rights, which can sometimes lead to the judiciary making decisions that go against the will of the majority.

Footnote Four suggests that certain rights, such as those protected by the Bill of Rights or those that are essential to a functioning democracy, may require stricter judicial scrutiny in order to prevent the majority from infringing upon them. This approach allows the judiciary to act as a check on the power of the majority and protect individual rights from being trampled upon.

In essence, Footnote Four offers a solution to the counter-majoritarian difficulty by advocating for a more active and protective role for the judiciary in safeguarding certain fundamental rights and liberties from the potential tyranny of the majority.

How Does Footnote Four Purport to Offer a Solution to the Counter-Majoritarian

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How Does Footnote Four Purport to Offer a Solution to the Counter-Majoritarian

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Correct Answer:
Answered by ExamLex AI