- The Oxford Handbooks of American Politics
- The Oxford Handbook of U.S. Judicial Behavior
- Dedication
- Preface
- Acknowledgments
- List of Figures
- List of Tables
- List of Abbreviations
- List of Contributors
- Appointing Federal Judges
- Appointing Supreme Court Justices
- Judicial Elections: Judges and their “New-Style” Constituencies
- Federal Judicial Tenure
- Law Clerks
- Gatekeeping and Filtering in Trial Courts
- Access to Intermediate Appellate Courts
- Agenda-Setting on the U.S. Supreme Court
- Courtroom Proceedings in U.S. Federal Courts
- Opinion Writing
- Vertical <i>Stare Decisis</i>
- Law in Judicial Decision-Making
- The Strategic Analysis of Judicial Behavior and the Separation of Powers
- Judicial Review
- The Role of Personal Attributes and Social Backgrounds on Judging
- Ideology and Partisanship
- The Economic Analysis of Judicial Behavior
- Judges and their Audiences
- Interest Groups and the Judiciary
- The Relationship between Courts and Legislatures
- Courts and Executives
- Covering the Courts
- The Supreme Court and Public Opinion
- Judicial Impact
- Cognition in the Courts: Analyzing the Use of Experiments to Study Legal Decision-Making
- New Measurement Technologies: A Review and Application to Nuremberg and Justice Jackson
- The Use of Observational Data to Study Law and the Judiciary
- Index
Abstract and Keywords
This chapter surveys four overlapping contexts in which scholars have examined institutional interactions between U.S. courts and legislatures. First, some have sought to explain when and why judges exercise the power of judicial review by invalidating democratically enacted statutes. Second, “regime politics” scholars have examined the political foundations of judicial power over time, emphasizing that courts have developed, retained, and expanded the authority to alter policy outcomes only because (and to the extent that) governing legislative coalitions have supported these developments. Third, some scholars have examined the range of legislative responses to assertions of judicial power, emphasizing that the judicial interpretation or even invalidation of a legislative policy is often far from the final word on the policy conflict in question. Fourth, some scholars have advocated an “interbranch perspective” on the policy process. This fourth approach has significant potential to advance existing understandings of the relationship between courts and legislatures.
Keywords: courts, legislatures, judicial review, regime politics, policy process, separation of powers
Thomas M. Keck is Professor of Political Science at Syracuse University, Maxwell School of Citizenship and Public Affairs.
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- The Oxford Handbooks of American Politics
- The Oxford Handbook of U.S. Judicial Behavior
- Dedication
- Preface
- Acknowledgments
- List of Figures
- List of Tables
- List of Abbreviations
- List of Contributors
- Appointing Federal Judges
- Appointing Supreme Court Justices
- Judicial Elections: Judges and their “New-Style” Constituencies
- Federal Judicial Tenure
- Law Clerks
- Gatekeeping and Filtering in Trial Courts
- Access to Intermediate Appellate Courts
- Agenda-Setting on the U.S. Supreme Court
- Courtroom Proceedings in U.S. Federal Courts
- Opinion Writing
- Vertical <i>Stare Decisis</i>
- Law in Judicial Decision-Making
- The Strategic Analysis of Judicial Behavior and the Separation of Powers
- Judicial Review
- The Role of Personal Attributes and Social Backgrounds on Judging
- Ideology and Partisanship
- The Economic Analysis of Judicial Behavior
- Judges and their Audiences
- Interest Groups and the Judiciary
- The Relationship between Courts and Legislatures
- Courts and Executives
- Covering the Courts
- The Supreme Court and Public Opinion
- Judicial Impact
- Cognition in the Courts: Analyzing the Use of Experiments to Study Legal Decision-Making
- New Measurement Technologies: A Review and Application to Nuremberg and Justice Jackson
- The Use of Observational Data to Study Law and the Judiciary
- Index