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The Supreme Court and the Dynamics of Democratic Backsliding

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  • Aziz Z. Huq

Abstract

This article explores the role of the U.S. Supreme Court in contemporary democratic backsliding. I identify three dynamics that have placed American democracy under strain: (1) the incomplete democratization of national institutions created in 1787; (2) a half century of rising inequalities in wealth, market power, and political influence; and (3) a resurgence of intolerant, authoritarian, white-ethnic identity politics associated with the Republican Party. I argue that the Court has proved itself to be capable of creating linkages between these distinct institutional, economic, and sociocultural domains. In doing so, the Court has enabled the transformation of economic or sociocultural power into durable political power and the transformation of political power into the entrenchment of a “permanent minority†immured from democratic defeat. I describe specific doctrinal mechanisms by which this arbitrage role is performed, showing how the Court can be a vector of democratic backsliding.

Suggested Citation

  • Aziz Z. Huq, 2022. "The Supreme Court and the Dynamics of Democratic Backsliding," The ANNALS of the American Academy of Political and Social Science, , vol. 699(1), pages 50-65, January.
    • Handle: RePEc:sae:anname:v:699:y:2022:i:1:p:50-65
    DOI: 10.1177/00027162211061124
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    References listed on IDEAS

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    1. Thomas Piketty & Emmanuel Saez & Gabriel Zucman, 2018. "Distributional National Accounts: Methods and Estimates for the United States," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 133(2), pages 553-609.
    2. Larry M. Bartels, 2016. "Unequal Democracy:The Political Economy of the New Gilded Age," Economics Books, Princeton University Press, edition 2, number 10831.
    3. Alan Abramowitz & Jennifer McCoy, 2019. "United States: Racial Resentment, Negative Partisanship, and Polarization in Trump’s America," The ANNALS of the American Academy of Political and Social Science, , vol. 681(1), pages 137-156, January.
    4. Christopher J. Casillas & Peter K. Enns & Patrick C. Wohlfarth, 2011. "How Public Opinion Constrains the U.S. Supreme Court," American Journal of Political Science, John Wiley & Sons, vol. 55(1), pages 74-88, January.
    5. Gilens, Martin & Patterson, Shawn & Haines, Pavielle, 2021. "Campaign Finance Regulations and Public Policy," American Political Science Review, Cambridge University Press, vol. 115(3), pages 1074-1081, August.
    6. George Mechling & Stephen Miller & Ron Konecny, 2017. "Do Piketty and Saez Misstate Income Inequality? Critiquing the Critiques," Review of Political Economy, Taylor & Francis Journals, vol. 29(1), pages 30-46, January.
    7. Larry M. Bartels, 2016. "The New Gilded Age," Introductory Chapters, in: Unequal Democracy:The Political Economy of the New Gilded Age, Princeton University Press.
    8. Chad Syverson, 2019. "Macroeconomics and Market Power: Context, Implications, and Open Questions," Journal of Economic Perspectives, American Economic Association, vol. 33(3), pages 23-43, Summer.
    9. Facundo Alvaredo & Lucas Chancel & Thomas Piketty & Gabriel Zucman, 2018. "Distributional National Accounts," Post-Print halshs-03342488, HAL.
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