Russell Bell has posted Democracy Preservation Through Congressional Constitutional Supremacy: An Empirical Framework for Constitutional Crisis Response on SSRN. Here is the abstract:
This Article addresses a fundamental and unsettled question in American constitutional law: when do judicial decisions lose democratic legitimacy and require congressional intervention to preserve constitutional democracy? Through application of the Supreme Court’s own institutional accountability standards from United States v. Leon, this Article establishes measurable thresholds for determining when courts have systematically abandoned legal methodology in favor of ideological outcome achievement.
Building on Leon’s empirical framework for institutional failure—when authority becomes “so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable”⁵—this Article proposes a novel constitutional crisis response mechanism requiring demonstrable cross-ideological rejection of judicial reasoning before congressional intervention becomes legitimate.
The Leon-based methodology resolves the tension between preserving judicial independence and protecting democracy from judicial capture, providing the first empirical framework for constitutional crisis response grounded in established Supreme Court precedent.