The Supreme Court in American Politics
New Institutionalist Interpretations
Edited by Howard Gillman and Cornell Clayton
280 pages, 6 x 9
Paper ISBN 978-0-7006-0976-5, $17.95
For decades political scientists
studying the Court have adopted behavioral approaches and focused
on the relatively narrow question of how the justices' policy
preferences influence their voting behavior. This emphasis has
illuminated important aspects of Supreme Court politics, but
it has also left unaddressed many other important questions about
this unique and fascinating institution.
Drawing on "the new institutionalism" in the social
sciences, the distinguished contributors to this volume attempt
to fill this gap by exploring a variety of topics, including
the Court's institutional development and its relationship to
broader political contexts such as party regimes, electoral systems,
social movements, social change, legal precedents, political
identities, and historically evolving economic structures.
The book's initial chapters examine the nature of the Court's
distinctive norms as well as the development of its institutional
powers and practice. A second section relates the development
of Supreme Court politics to the historical development of other
political institutions and social movements. Concluding chapters
explore how its decision making in particular areas of law or
periods of time is influenced by--and influences--its socio-political
milieu.
These contributions offer provocative insights regarding the
Court's role in maintaining or disrupting political and economic
structures, as well as social structures and identities tied
to ideology, class, race, gender, and sexual orientation. The
Supreme Court in American Politics shows how we can develop
an enriched understanding of this institution, and open up exciting
new areas of research by placing it in the broader context of
politics in the United States.
"A penetrating exploration of the 'new institutionalism'
that expands our understanding of the Supreme Court in its larger
political and social contexts."--Tinsley E. Yarbrough,
author of Judicial Enigma: The First Justice Harlan
"These thoughtful, well-crafted, and engaging essays
make a major contribution to our knowledge of the historical
development and current dynamics of the politics of the Supreme
Court."--Sue Davis, author of Justice Rehnquist
and the Constitution
"Provides an abundance of insights about the conditions
that shape the Court's behavior and its role in the political
system."--Lawrence Baum, author of The Supreme
Court and The Puzzle of Judicial Behavior
"A very useful collection that should attract considerable
classroom use."--David M. O'Brien, author of Storm
Center: The Supreme Court in American Politics
HOWARD GILLMAN is associate professor of political
science at the University of Southern California and the author
of The Constitution Besieged: The Rise and Demise of Lochner
Era Police Powers Jurisprudence.
CORNELL CLAYTON is associate professor of political
science at Washington State University and the author of The
Politics of Justice: The Attorney General and the Making of Legal
Policy and the editor of Government
Lawyers: The Federal Legal Bureaucracy and Presidential Politics.
CONTRIBUTORS: John Brigham, Keith J. Bybee, Susan Burgess,
Cornell Clayton, John B. Gates, Howard Gillman, Leslie Friedman
Goldstein, Mark A. Graber, Ronald Kahn, Michael McCann, Kevin
T. McGuire, Mark Silverstein
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