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.
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Law, Politics, and the Decisions Justices Make
Product details
ISBN
9781400840267
Published
2013
Publisher
Princeton University Press
Language
Product language
Engelsk
Format
Product format
Digital bok
Number of pages
216