<div> Although Alexander Hamilton famously called the American judicial&nbsp;<span>system the least dangerous branch in Federalist No. 78, many legal&nbsp;</span><span>scholars and political scientists in recent years have been troubled by&nbsp;</span><span>the powerful role of the Supreme Court in constitutional interpretation&nbsp;</span><span>and the countermajoritarian difficulty.1 Scholars holding this&nbsp;</span><span>view worry that an unelected Court with the power to declare a legislative&nbsp;</span><span>act or the action of an elected executive unconstitutional subverts&nbsp;</span><span>the will of the prevailing majority. They often share the normative&nbsp;</span><span>orientation of classic legal scholars of judicial review.</span> </div>