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Over the course of the past decade, the behavioral analysis of decisions by the Supreme Court has turned to game theory to gain new insights into this important institution in American politics. Game theory highlights the role of strategic interactions between the Court and other institutions in the decisions the Court makes as well as in the relations among the justices as they make their decisions. Rather than assume that the justices’ votes reveal their sincere preferences, students of law and politics have come to examine how the strategic concerns of the justices lead to "sophisticated" behavior as they seek to maximize achievement of their goals when faced with constraints on their ability to do so. In Institutional Games and the U.S. Supreme Court, James Rogers, Roy Flemming, and Jon Bond gather various essays that use game theory to explain the Supreme Court's interactions with Congress, the states, and the lower courts. Offering new ways of understanding the complexity and consequences of these interactions, the volume joins a growing body of work that considers these influential interactions among various branches of the U.S. government. Contributors: Kenneth A. Shepsle, Andrew De Martin, James R. Rogers, Christopher Zorn, Georg Vanberg, Cliff Carrubba, Thomas Hammond, Christopher Bonneau, Reginald Sheehan, Charles Cameron, Lewis A. Kornhauser, Ethan Bueno de Mesquita, Matthew Stephenson, Stefanie A. Lindquist, Susan D. Haire, Lawrence Baum
This text analyzes the Supreme Court, from the nomination process to proposals for reform. The authors have designed this text to be used in two ways. First, it can be used as the "main text" in a seminar on the Supreme Court. Second, it can be used as supplemental reading for any course in constitutional law, American history, American government, or other similar courses in law, history, or government that touch on the role of the Court. The accompanying instructor's manual will show how it can be used effectively for your course.
This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
The study of political institutions is among the founding pillars of political science. With the rise of the 'new institutionalism', the study of institutions has returned to its place in the sun. This volume provides a comprehensive survey of where we are in the study of political institutions, covering both the traditional concerns of political science with constitutions, federalism and bureaucracy and more recent interest in theory and the constructed nature of institutions. The Oxford Handbook of Political Institutions draws together a galaxy of distinguished contributors drawn from leading universities across the world. Authoritative reviews of the literature and assessments of future research directions will help to set the research agenda for the next decade.
This book presents the first comprehensive model of policymaking by strategically-rational justices who pursue their own policy preferences in the Supreme Court's multi-stage decision-making process.
The U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court fills in the gaps of policy created in the legislative and executive branches. In either instance, the Supreme Court’s work is influenced by and in turn influences all three branches of the federal government as well as the interests and opinions of the American people. Pacelle analyzes the Court’s interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the "balance wheel" in the American system.
To what extent do the justices on the Supreme Court behave strategically? In Strategy on the United States Supreme Court, Saul Brenner and Joseph M. Whitmeyer investigate the answers to this question and reveal that justices are substantially less strategic than many Supreme Court scholars believe. By examining the research to date on each of the justice's important activities, Brenner and Whitmeyer's work shows that the justices often do not cast their certiorari votes in accord with the outcome-prediction strategy, that the other members of the conference coalition bargain successfully with the majority opinion writer in less than 6 percent of the situations, and that most of the fluidity in voting on the Court is nonstrategic. This work is essential to understanding how strategic behavior - or its absence - influences the decisions of the Supreme Court and, as a result, American politics and society.
The new edition of this comprehensive, two-volume reference has been thoroughly revised and expanded by expert CQ Press writers—with years of experience covering Congress—to offer a complete institutional history of Congress along with updated insight and analysis on the 2008 and 2010 shifts in power of the U.S. Senate and House of Representatives. The 35 chapters of Guide to Congress, Seventh Edition, are divided into eight subject areas that cover all aspects of the U.S. Congress: Origins and Development of Congress, from the constitutional beginnings of the legislative branch to the histories of the House and Senate and their power shifts, eras of partisanship and unity, influential leaders, and working relationships with presidents. New coverage includes analysis of the tug-of-war between House Democrats and the George W. Bush administration on Iraq war withdrawal timetables, updates on criminal investigations of House members including William J. Jefferson of Louisiana and Charles Rangel of New York, and analysis of the Tea Party Movement and new Republican majority. Powers of Congress, including powers to tax, spend, and borrow; to conduct foreign policy and investigations; to confirm and impeach; to regulate commerce; to amend the Constitution; and to select the president. Updated material includes analysis of the George W. Bush administration’s use of immunity from questioning by congressional committees, analysis of the signing of the new START treaty with Russia—marking a cornerstone of U.S. relations with the country, coverage of the War on Terror—including the killing of bin Laden in a U.S. raid in Pakistan, and perspective on the negotiations to raise the federal debt ceiling in 2011. Congressional Procedures, detailing the party and leadership structures; rules and the legislative process; the committee system, assignment, and procedures; and congressional staff. Revised coverage profiles the methods, styles, and legislative successes and defeats of House Speakers Pelosi and Boehner and Senate majority leader Reid. The Guide also analyzes the new hpyerpartisanship emerging in Congress and provides updates on congressional travel reforms and aide statistics and trends. Pressures on Congress, including influence from constituents, political parties, the president, the Supreme Court, lobbyists, and the media. New material explores the use of social media to communicate with constituents, examines the role of the new Consumer Financial Protection Bureau, and analyzes the Obama administration’s relationship with Congress. Housing and Support, covering the U.S. Capitol, House and Senate office buildings, the Library of Congress, and organizations such as the Government Accountability Office and the Congressional Research Service. Updates are provided on new initiatives by the Library of Congress and reforms to the General Accounting Office. Pay and Perquisites, including honoraria and allowances, franking and travel privileges, and other benefits. Updates include revised figures for congressional pay and benefits and analysis of efforts to control privately sponsored foreign travel. Congress and the Electorate, covering the right to vote, the demographic composition of congress, the role of parties in elections, campaign financing, and redistricting. New information discusses elections statistics in recent elections, the impact of third parties, Tea Party gains, and the creation of "super PACs" and 527 groups. Qualifications and conduct, detailing congressional ethics investigations and procedures for disciplining members. Updated coverage reviews ethics investigations, including the creation of the Office of Congressional Ethics. Specific investigations and outcomes are discussed, including the censure of Charles Rangel and disapproval of Joe Wilson’s outburst during a speech by President Obama. Volume 2 concludes with a selected bibliography and key reference materials: a list of all members of congress who have served since 1789; congressional election results; floor leaders and committee chairs; dates for sessions of congress; women, black, Asian, and Hispanic members; and many more. Boxed features, tables, and figures and a generous number of photos enhance the topical coverage of this definitive resource on Congress.
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.
The Oxford Handbooks of American Politics are the essential guide to the study of American political life in the 21st Century. With engaging, new contributions from the major figures in the field The Oxford Handbook of the American Congress provides the key point of reference for anyone working in American Politics today.