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
2 - When Courts Command
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
Armed with the power of determining the laws to be unconstitutional, the American magistrate perpetually interferes in political affairs … Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.
Alexis De TocquevilleBy itself, the [Supreme] Court is almost powerless to affect the course of national policy.
Robert DahlIn this chapter, I begin by developing a working definition of judicial power. I then consider several competing theories of Supreme Court power and the expectations these theories offer about the Court's ability to influence other actors. Most empirical studies of Court power find that the Court is a relatively weak political institution, but numerous positive theorists insist that it should be capable of altering behavior, at least in certain limited circumstances. Next, I suggest several factors that may influence whether the Court is successful at exercising power based on well-established findings from the judicial politics and electoral politics literatures. Specifically, I will argue that the probability of the Court exercising power depends on the institutional context and popularity of its rulings. Finally, based on these factors, I present a new theory of Supreme Court power.
DEFINING JUDICIAL POWER
Understanding when the Supreme Court is capable of exercising power requires a clear definition of judicial power. I base my definition on Jack Nagel's conception of power in his seminal work on the subject: “A power relation, actual or potential, is an actual or potential causal relation between the preferences of an actor regarding an outcome and the outcome itself” (1975, 29).
- Type
- Chapter
- Information
- The Nature of Supreme Court Power , pp. 6 - 18Publisher: Cambridge University PressPrint publication year: 2010