Book contents
- Frontmatter
- Contents
- List of Figures
- List of Tables
- Preface
- 1 Neither Force, Nor Will
- 2 When Courts Command
- 3 Judging the Court
- 4 Popular Vertical Issues
- 5 Unpopular Vertical Issues
- 6 Popular Lateral Issues
- 7 Unpopular Lateral Issues
- 8 Neither the Sword nor the Purse, but the Keys
- Appendix I Case Selection
- Appendix II Survey Information and Citations
- Appendix III Supporting Data for Figures
- Appendix IV Statistical Analysis on the Effects of the Pico Ruling
- Appendix V Behavior Conformity Calculations
- Appendix VI Statistical Analysis of Behavior Conformity
- Appendix VII The Effects of Unanimity on Behavior Conformity
- Case References
- References
- Index
7 - Unpopular Lateral Issues
Published online by Cambridge University Press: 06 December 2010
- Frontmatter
- Contents
- List of Figures
- List of Tables
- Preface
- 1 Neither Force, Nor Will
- 2 When Courts Command
- 3 Judging the Court
- 4 Popular Vertical Issues
- 5 Unpopular Vertical Issues
- 6 Popular Lateral Issues
- 7 Unpopular Lateral Issues
- 8 Neither the Sword nor the Purse, but the Keys
- Appendix I Case Selection
- Appendix II Survey Information and Citations
- Appendix III Supporting Data for Figures
- Appendix IV Statistical Analysis on the Effects of the Pico Ruling
- Appendix V Behavior Conformity Calculations
- Appendix VI Statistical Analysis of Behavior Conformity
- Appendix VII The Effects of Unanimity on Behavior Conformity
- Case References
- References
- Index
Summary
I often wonder whether we do not rest our hopes too much upon constitutions, upon law and upon courts. These are false hopes, believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no courts to save it.
Judge Learned HandIn this chapter, I continue my examination of lateral issues by examining those Court rulings that faced significant public opposition. In each of these cases, I find that the successful implementation of the Court's ruling depended on popular support. When opposition to the ruling was strong, the Court's power was significantly diminished; the stronger the opposition, the less effect the ruling had on behavior. Because non-court actors are unconstrained by the numerous institutional controls placed on lower-court judges, they are often willing to openly defy the Court's rulings or at least quietly ignore them. Furthermore, the implementation of Supreme Court rulings is much more difficult when the rulings are directed at local government actors, because these officials depend on support from local constituencies. As a result, a ruling will not be successfully implemented in regions where the decision is unpopular, even if it enjoys strong support nationally.
- Type
- Chapter
- Information
- The Nature of Supreme Court Power , pp. 127 - 155Publisher: Cambridge University PressPrint publication year: 2010