The Supreme Court and the Attitudinal Model Revisited,9780521789714

The Supreme Court and the Attitudinal Model Revisited

by
ISBN13: 9780521789714
ISBN10: 0521789710
Format: Paperback
Pub. Date: 2002-09-16
Publisher(s): Cambridge University Press
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Summary

This book, authored by two leading scholars of the Supreme Court and its policy making, systematically presents and validates the use of the attitudinal model to explain and predict Supreme Court decision making. In the process, it critiques the two major alternative models of Supreme Court decision making and their major variants: the legal and rational choice. Using the US Supreme Court Data Base, the justices' private papers, and other sources of information, the book analyzes the appointment process, certiorari, the decision on the merits, opinion assignments, and the formation of opinion coalitions. The book will be the definitive presentation of the attitudinal model as well as an authoritative critique of the legal and rational choice models. The book thoroughly reflects research done since the 1993 publication of its predecessor, as well as decisions and developments in the Supreme Court, including the momentous decision of Bush v. Gore.

Table of Contents

List of Illustrations
xi
List of Tables
xii
Preface xv
Introduction: Supreme Court Policy Making
1(43)
What Courts Do
3(9)
Judges as Policy Makers
6(6)
Reasons for Judicial Policy Making
12(15)
Fundamental Law
12(2)
Distrust of Governmental Power
14(2)
Federalism
16(2)
Separation of Powers
18(2)
Judicial Review
20(6)
The Mythology of Judging
26(1)
The Federal and State Judicial Systems
27(15)
National Supremacy
28(3)
The System of Comity
31(1)
Sovereign Immunity
32(4)
The Full Faith and Credit Clause
36(2)
Adequate and Independent State Grounds for Decision
38(2)
Choice of Law
40(1)
Summary
41(1)
Conclusions
42(2)
Models of Decision Making: The Legal Model
44(42)
About Models
44(4)
The Legal Model
48(38)
Plain Meaning
53(7)
Legislative and Framers' Intent
60(16)
Precedent
76(10)
Models of Decision Making: The Attitudinal and Rational Choice Models
86(29)
The Attitudinal Model
86(11)
The Legal Realists
87(1)
The Behavioralists
88(1)
The Psychological Influence
89(3)
The Economics Influence
92(5)
The Rational Choice Model
97(13)
The Supreme Court and Rational Choice Theory
100(3)
The Marksist Separation-of-Powers Model
103(7)
Summary and Conclusions
110(5)
A Political History of the Supreme Court
115(63)
The First Supreme Court
115(2)
The Marshall Court
117(6)
Judicial Supremacy
118(1)
National Supremacy
118(2)
Federal Power Vis-a-Vis That of the States
120(3)
The Civil War Era
123(4)
The Taney Court
123(1)
The Case of Scott v. Sandford
124(3)
Reconstruction
127(2)
Military Justice
127(1)
Civil Rights
128(1)
Fighting the Welfare State
129(12)
Taxation
130(1)
Interstate Commerce and Other National Powers
131(4)
Freedom of Contract
135(4)
The Court-Packing Plan
139(2)
The Civil Liberties Agenda
141(24)
The Preferred Freedoms Doctrine
141(2)
Incorporation of the Bill of Rights
143(2)
First Amendment Freedoms
145(5)
Criminal Procedure
150(5)
Equal Protection
155(4)
Reapportionment
159(2)
The Right to Privacy
161(4)
The Supreme Court and the Distribution of Power, 1936--2000
165(9)
The Curtiss-Wright Case
165(1)
The Japanese Internment Cases
166(1)
The Steel Seizure Case
167(1)
The Watergate Tapes Case
168(1)
The Legislative Veto Case
169(1)
The Distribution of Power at the Millennium
170(4)
Summary and Conclusions
174(4)
Staffing the Court
178(45)
Presidential Selection
179(7)
Factors Affecting Nomination
180(6)
Senate Confirmation
186(31)
The Case Studies
189(11)
An Aggregate Analysis
200(3)
An Individual-Level Analysis
203(14)
Presidential Influence
217(5)
Summary and Conclusions
222(1)
Getting into Court
223(56)
Legal Requirements
224(16)
Jurisdiction
224(6)
Standing to Sue
230(8)
Jurisdiction over the Parties
238(2)
Case Selection
240(9)
Procedure
241(3)
Criteria for Selection
244(3)
Effects of Denial or Dismissal
247(2)
The Supreme Court's Caseload
249(3)
Which Cases for Decision
252(20)
Individual-Level Models
252(10)
Aggregate-Level Models
262(10)
Future Changes
272(4)
Summary and Conclusions
276(3)
The Decision on the Merits: The Legal Model
279(33)
Process
279(5)
Oral Argument
280(1)
The Conference
281(3)
The Conference Vote on the Merits
284(3)
Fluidity and the Attitudinal Model
285(2)
The Report (or Final) Vote on the Merits
287(23)
Stare Decisis
288(22)
Text and Intent
310(1)
Summary
310(2)
The Decision on the Merits: The Attitudinal and Rational Choice Models
312(45)
The Attitudinal Model
312(14)
Facts
312(8)
Attitudes
320(6)
The Separation-of-Powers Model
326(23)
Qualitative Analyses and Case Studies
327(4)
Quantitative Analyses
331(10)
Reexamining the Separation-of-Powers Model
341(8)
Conclusions
349(2)
Appendix 8.1: Deriving the Set of Irreversible Decisions
351(6)
The Basic Model
351(1)
The Extended Model
352(2)
Application
354(3)
Opinion Assignment and Opinion Coalitions
357(49)
Opinion Assignments
358(23)
Assignment Patterns
362(5)
Equality
367(5)
Ideology
372(4)
Complicating Factors
376(1)
Important Cases
377(1)
Issue Specialization
378(3)
Opinion Assignments and Opinion Coalitions
381(2)
Opinion Coalitions
383(4)
Voting and Opinion Options
383(4)
The Politics of Coalition Formation
387(7)
Special Concurrences
388(2)
Opinion Assignees
390(2)
Opinion Assigners
392(2)
Patterns of Interagreement
394(9)
Who ``Influences'' Whom?
399(4)
Summary and Conclusions
403(3)
The Supreme Court and Constitutional Democracy
406(24)
Support for the Solicitor General
411(1)
Declarations of Unconstitutionality
412(4)
Federal Administrative Agencies
416(4)
Considerations of Economic Federalism
420(2)
Civil Liberties
422(2)
Public Opinion
424(4)
Conclusion
428(2)
Conclusion
430(6)
Case Index 436(8)
General Index 444

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