Decision Making by the Modern Supreme Court
Cambridge University Press, Jun 13, 2011 - Political Science
There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the development of the particular issue, as well as separation of powers and the potential constraints posed by the president and Congress. To test this model, the authors examine all full, signed civil liberties and economic cases decisions in the 1953–2000 period. Decision Making by the Modern Supreme Court argues, and the results confirm, that judicial decision making is more nuanced than the attitudinal or legal models have argued in the past.
What people are saying - Write a review
We haven't found any reviews in the usual places.
2 Heuristic Models of Judicial Decision Making
3 Building an Integrated Model of Decision Making
4 Decision Making on the Modern Supreme Court
5 Building a New Legacy
6 Sharing the Protection of Minorities
7 Avoiding Another SelfInflicted Wound
Other editions - View all
African Americans agencies agenda Amendment analysis antitrust argue attitudinal model attitudinal variable Baum Brown Burger Court changes Chapter civil liberties civil rights Commerce Clause Common Space Congress congressional conservative constitutional economic constraints Court’s decision deci deference doctrine economic issues elected branches Epstein federal FOIA Footnote Four free speech Griggs ideological important individual liberties influence institutional integrative model interpretation issue evolution judicial activism judicial decision legal factors legal model legislation less salient liberal liberties and civil liberties decisions litigation lower courts majority Maltzman modern Supreme Court nonconstitutional O’Connor overturn Pacelle percent political position president presidential regulation Rehnquist Court rights and civil rights and individual rights and liberties role Segal and Spaeth separation of powers sincere policy preferences sincere preferences stare decisis statistically significant statute statutory economic strategic model substantive substantive due process Supreme Court decision tion tutional U.S. Supreme Court vote Warren Court