The constrained court : law, politics, and the decisions justices make / Michael A. Bailey, Forrest Maltzman.

Format:

Book

Author/Creator:

Bailey, Michael A., 1969-

Contributor:

Maltzman, Forrest, 1963-

Language:

English

Subjects (All):

Political questions and judicial power--United States.

Political questions and judicial power.

United States. Supreme Court.

United States.

Physical Description:

1 online resource (216 p.)

Edition:

Course Book

Place of Publication:

Princeton : Princeton University Press, 2011.

Language Note:

English

Summary:

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.

Contents:

Frontmatter

Contents

Preface

1. Introduction

2. The Measure of Law: Estimating Preferences across Institutions and Time

Part I. Legal Value Constraints

3. Disentangling Law and Policy Preferences

4. Law Matters

5. Causes and Consequences of Diverse Legal Values

Part II. Political Constraints

6. Separation of Powers and the Strategic Constraint

7. Signals from the Executive

8. Conclusion

Appendix. Statistical Details

Notes

References

Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9786613169037

9781283169035

1283169037

9781400840267

1400840260

OCLC:

747412387