Decision Making by the Modern Supreme Court

by Richard L. Pacelle, Jr , Brett W. Curry , Bryan W. Marshall

• ISBN13: 9780521888974
• ISBN10: 0521888972
• Format: Hardcover
• Copyright: 2011-06-20
• Publisher: Cambridge University Press

Summary

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.

Table of Contents

Acknowledgments	p. ix
The Supreme Court: The Nation's Balance Wheel	p. 1
Heuristic Models of Judicial Decision Making	p. 27
Building an Integrated Model of Decision Making	p. 51
Decision Making on the Modern Supreme Court: Examining the Influences	p. 63
Building a New Legacy: Constitutional Civil Liberties and Civil Rights	p. 79
Sharing the Protection of Minorities: Statutory Civil Rights and Individual Liberties	p. 110
Avoiding Another Self-inflicted Wound: Constitutional Economic Cases	p. 141
Policing the Boundaries: Statutory Economic Issues	p. 167
Conclusion: Decision Making on the Modern Supreme Court	p. 199
Measurement Appendix	p. 215
Cases Cited	p. 219
References	p. 225
Index	p. 251
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