eBook

The constrained court

Bailey, Michael A, Maltzman, Forrest

2011

Overview

How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.

• Publisher: Princeton University Press
• Subject: Abe Fortas / Affirmative action / Amendment / Amicus curiae / Anthony Kennedy / Antonin Scalia / Bayesian / Brown v. Board of Education / Buckley v. Valeo / Chief Justice / Constitutionality / Court Rules / Criminal procedure / David Souter / Decision-making / District of Columbia v. Heller / Due process / Estimation / Explanation / Filing (legal) / Flag Protection Act / Freedom of speech / Furman v. Georgia / Gonzales v. Raich / Government / Grutter v. Bollinger / Hugo Black / Humphrey's Executor v. United States / Ideal point / Ideology / Institution / Jaffee v. Redmond / James Eastland / Judge / Judicial activism / Judicial Branch / Judicial deference / Judicial interpretation / Judicial Power / Judicial Procedures Reform Bill of 1937 / Judicial restraint / Judiciary / Jurisdiction / LAW / LAW / Court Rules / LAW / Judicial Power / Lawyer / Legal doctrine / Legislation / Legislator / LNAA1 / Majority opinion / Measurement / Member of Congress / Originalism / P-value / Penry v. Lynaugh / Petitioner / Plaintiff / Planned Parenthood v. Casey / Political questions and judicial power / Political questions and judicial power -- United States / Political Science / POLITICAL SCIENCE / American Government / Judicial Branch / Politician / Politics / Precedent / Probability / Respondent / Result / Robert Bork / Roe v. Wade / Roper v. Simmons / Separation of powers / Solicitor General / Standard error / Statistical significance / Statute / Supreme Court / Texas v. Johnson / United States / United States. Supreme Court / Virginia v. Black / Voting
• ISBN: 9780691151045, 0691151040, 0691151059, 9780691151052, 1400840260, 9781400840267