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Questions:

(1) How effective is judicial review as a means of enforcing rights? The naive view would seem to be judicial review is an essential mechanism by which rights are recognized and protected in a liberal democracy. However, the idea that an unelected body of lawyers with no army at their disposal would be able to compel a government to respect rights or would be able to change attitudes within a citizenry seems pretty implausible to me. If I’m right and most of the work of rights protection is being done through democratic (majoritarian) mechanisms (a view consistent, as it so happens, with that of Robert Dahl iirc), what is the actual role and impact of judicial review in a democracy?

(2) There is a body of literature exemplified by Frances Lee that links dysfunction in American government with the increasing competitiveness of American elections. If I recall correctly, this literature takes increasing electoral competitiveness as a given but doesn’t explain why this has come about. Does Professor Shapiro have any insight?

(3) From a structural perspective, are term limits for presidents wise? On the one hand, term limits prevent entrenchment of power by forcing circulation of elites. However, limits also prevent widely popular leaders from continuing to hold office, thereby frustrating democratic choice (think about how different American politics would be if Obama could run again). Term limits also seem like they remove incentives for term-limited politicians to continue to work within the system, creating a greater chance that they will engage in illegal or unconstitutional conduct to remain in power. I’m quite confused by how to square these differing considerations; I also expect there are other considerations I haven’t identified.

(4) Somewhat relatedly: why has the US avoided military coups while significant portions of Central and South America periodically fall prey to coups?

(5) How large should Congress be? What are the relevant trade-offs?

(6) How predictive of actual behaviour is Niskanen’s budget-maximizing model?

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