(a) What is Madison’s argument in Federalist #10 about factions in American politics?
(b) What are procedural definitions of democracy? What is a substantive definition of
democracy? How are the courts fundamentally different than the elected branches when it
comes to protecting a substantive definition of democracy?
(c) What are the three competing views of the constitutionality of judicial review and how do
they illustrate the tradeoffs between accountability to the public and tolerance of minority
rights? (Make sure that you identify the person associated with each view). Whose view do
you find most compelling? Why?
(d) Do you think that when law and courts are involved in policymaking they are acting
democratically? Why or why not?
