Duncan Hosey
Legal scholar and fellow at Stanford Law School who researches constitutional law and congressional power, and author of the Atlantic essay 'How the Supreme Court Broke Congress.'
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Feb 2, 2026 • 47min
Is the supreme court more powerful than congress now?
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.
