The Constrained Court: Law, Politics, and the Decisions Justices Make by Michael

Description: The Constrained Court by Michael A. Bailey, Forrest Maltzman How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? By showing how law and politics interact in the construction of American law, this book sheds light on the role that the Supreme Court plays in the constitutional order. FORMAT Paperback LANGUAGE English CONDITION Brand New Publisher Description How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs.By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order. Back Cover "Do Supreme Court justices base their decisions on law or politics? Using clever measurement strategies and relentless coding of cases, Bailey and Maltzman answer this question: both. They are to be commended for careful political science that also takes the idea of law seriously. This book is a must-read for scholars and students who care about what motivates the justices of the Supreme Court." --Barry Friedman, New York University "Using innovative methods, Bailey and Maltzman address fundamental issues about the forces that shape Supreme Court decisions. The books findings are striking, and the authors discussions of issues and findings are interesting and insightful. This is one of the best and most important books yet written about judicial behavior." --Lawrence Baum, Ohio State University "This is one of a small number of the finest books I have read on judicial politics. It uses cutting-edge methods and smart arguments to bring an impressive and sophisticated perspective on political behavior to the study of the Supreme Court. Debunking the most extreme views of political scientists, it will attract a lot of attention." --Gregory Caldeira, Ohio State University " The Constrained Court marks a major contribution to our understanding of the behavior of the U.S. Supreme Court. Providing important methodological innovations and previously unexplored findings, the authors examine novel ways in which external constraints limit the Court. This book genuinely breaks new ground." --Kevin T. McGuire, University of North Carolina, Chapel Hill Flap "Do Supreme Court justices base their decisions on law or politics? Using clever measurement strategies and relentless coding of cases, Bailey and Maltzman answer this question: both. They are to be commended for careful political science that also takes the idea of law seriously. This book is a must-read for scholars and students who care about what motivates the justices of the Supreme Court."--Barry Friedman, New York University "Using innovative methods, Bailey and Maltzman address fundamental issues about the forces that shape Supreme Court decisions. The books findings are striking, and the authors discussions of issues and findings are interesting and insightful. This is one of the best and most important books yet written about judicial behavior."--Lawrence Baum, Ohio State University "This is one of a small number of the finest books I have read on judicial politics. It uses cutting-edge methods and smart arguments to bring an impressive and sophisticated perspective on political behavior to the study of the Supreme Court. Debunking the most extreme views of political scientists, it will attract a lot of attention."--Gregory Caldeira, Ohio State University " The Constrained Court marks a major contribution to our understanding of the behavior of the U.S. Supreme Court. Providing important methodological innovations and previously unexplored findings, the authors examine novel ways in which external constraints limit the Court. This book genuinely breaks new ground."--Kevin T. McGuire, University of North Carolina, Chapel Hill Author Biography Michael A. Bailey is the Colonel William J. Walsh Professor in the Department of Government and Institute for Public Policy at Georgetown University. Forrest Maltzman is professor of political science at George Washington University. He is the author of Competing Principals and the coauthor of Crafting Law on the Supreme Court and Advice and Dissent. Table of Contents Preface ix Chapter 1. Introduction 1 Chapter 2. The Measure of Law: Estimating Preferences across Institutions and Time 17 Part I. Legal Value Constraints Chapter3. Disentangling Law and Policy Preferences 47 Chapter 4. Law Matters 64 Chapter 5. Causes and Consequences of Diverse Legal Values 80 Part II. Political Constraints Chapter 6. Separation of Powers and the Strategic Constraint 95 Chapter 7. Signals from the Executive 121 Chapter 8. Conclusion 140 Appendix. Statistical Details 156 Notes 175 References 185 Index 203 Review Honorable Mention for the 2012 C. Herman Pritchett Award, Law and Courts Section of the American Political Science Association "[I]n The Constrained Court, Michael Bailey and Forrest Maltzman have launched a frontal assault on the citadel. Their book is a tour de force that will likely supplant the attitudinal model and become a basis for a new paradigm for understanding decision making... I want to underline that is one of the most important studies in the field in the last decade. Neither Bailey nor Maltzman is a trained public law scholar, which makes it so infuriating that they have written such a path breaking study. The book should be mandatory for public law scholars and graduate students and highly recommended, as the authors suggest, for Chief Justice John Roberts."--Richard L. Pacelle, Jr., Law and Politics Book Review "The Constrained Court challenge[s] established paradigms in [its] fields, introduce[s] inventive and original research and seek[s] to transform the ways in which we think and talk about the nature of judging. It is a testament to the energy imagination, and erudition of the authors that they can legitimately take credit for having advanced these objectives."--Bruce G, Peabody, Perspectives on Politics Prizes Runner-up for American Political Science Association Law and Courts Section: C. Herman Pritchett Award 2012 Long Description How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs.By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order. Review Quote "Using innovative methods, Bailey and Maltzman address fundamental issues about the forces that shape Supreme Court decisions. The books findings are striking, and the authors discussions of issues and findings are interesting and insightful. This is one of the best and most important books yet written about judicial behavior." --Lawrence Baum, Ohio State University Details ISBN0691151059 Author Forrest Maltzman Year 2011 ISBN-10 0691151059 ISBN-13 9780691151052 Format Paperback Imprint Princeton University Press Subtitle Law, Politics, and the Decisions Justices Make Place of Publication New Jersey Country of Publication United States Illustrations 28 halftones. 20 line illus. 12 tables. Short Title CONSTRAINED COURT Language English Media Book DEWEY 347.732634 Publisher Princeton University Press Birth 1969 Pages 216 Translated from English UK Release Date 2011-09-11 Publication Date 2011-09-11 NZ Release Date 2011-09-11 US Release Date 2011-09-11 Alternative 9780691151045 Audience Tertiary & Higher Education AU Release Date 2011-11-20 We've got this At The Nile, if you're looking for it, we've got it. 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