Think from KERA Is the supreme court more powerful than congress now?
Feb 2, 2026
Duncan Hosie, a Stanford Law fellow who studies constitutional law and congressional power, explains how the Supreme Court has shifted interpretive authority away from elected branches. He covers Marbury, the Commerce Clause, the rise of originalism, partisan confirmation fights, and how Court decisions reshape Congress’s priorities. He warns about concentrated power in small majorities and argues for greater judicial humility.
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Congress As A Constitutional Actor
- Congress shapes constitutional meaning through legislation and voting, not just courts.
- The people, via Congress and elections, remain central to constitutional interpretation.
The New Deal Shift Endured
- The New Deal era shifted constitutional consensus to allow more federal action.
- That understanding governed for about 50 years until later doctrinal changes emerged.
Four Layers Of Polarization
- Polarization operates on multiple levels: elite sorting, affective polarization, identity stacking, and media.
- All four help explain partisan dynamics in Congress and on the Supreme Court.