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USC / Political Science / POSC 130 / What are observable implications?

What are observable implications?

What are observable implications?


School: University of Southern California
Department: Political Science
Course: Law, Politics and Public Policy
Professor: Alison renteln
Term: Fall 2016
Tags: judicial, policymaking, constraint, Lecture Notes, Barnes, and Jeb
Cost: 25
Name: Judicial Policymaking - Judicial (Doctrinal) Constraint
Description: Notes on the last of Judicial Policymaking, some notes about the paper, and notes on doctrinal constraint of the courts.
Uploaded: 01/29/2017
7 Pages 38 Views 5 Unlocks

Part #: Judicial Policymaking

What are observable implications?

The paper (again)

Question Theories

x a

constrained View


Yes. *

#creatives of the


Does the law constrain the Majority's decision?

(doctrinal ONLY)

Dynamic view

(No!) & use


to push

What is the constrained vision?


Observable Implications & lf constrained /dynamic is true, then we would expect


to see ...


Texts & data We also discuss several other topics like Which is an advantage of longitudinal over cross sectional research?

Gonerning law specific ta no material disagreement on the meaning of the law


(Unanimous or at least Zbi-partisan/non-ideological

What is the political logic of judicial action?



Yo Texts


Gorening law vague and/or material disagreement on the meaning of the laws

- votes


Split decisions & significa partisan lidedlogical coalite

Conclusion: Under what Conditions

Basis of legitimacy for judicial policymaking If you want to learn more check out What happens if the popliteal artery is blocked?

A The perceived wisdom of the issue by elites & people We also discuss several other topics like Which carbon atoms are used to form the glycosidic bonds?
If you want to learn more check out What attaches to lateral border of scapula?
If you want to learn more check out What is the meaning of x-inactivation in biology?

→ actions of policymaking justified as being the "right" action We also discuss several other topics like What are greece’s cultural-political foundations?

What is the political logic of judicial action?

Why the federal courts? - Did Brown v. Board work?

Wilson & Dilulio (Review): Why NOT Congress option

1. Identify proposal 2. Analyze perceived costs & benefits 3. Identify "sales" strategy

4. Assess whether group has resouces to implement strategy

Majoritanan Yes


D Perceived Benefits

- Politics 7 Care Diffuse?


Diffuse cost

client Politics



concentrated Benefits

Perceived Costs are Diffuse?



Concentrated cost Diffuse Benefits






Perceived Benefits Love Diffuse?

Interest Group


concentrated Cost Concentrated Benefits


Why use federal courts (to set agenda)?

* State judges are elected; federal judges are appointed

for life; those state judges will not side with an argument that might jeopardize their re-election "Grood" facts under separate but Equal Sympathetic national elites? (The Cold War Argument)

Why use federal Courts (to set agenda)? Contido

Sympathetic -- but not filibuster proof - liberal majority in Congress

A an opportunity for the court to enter an implicit

political partnership w/other powerful interests Did Braun v. Board work?

* NO!

Af/Am 't going to

Did it matter? school w hites

Depends on def, of law in Congressional

a lf law: formal command fending a no

If policy: started a na warement

exec. enforcemente






perceived Benefits Majoritarian

e client politics Pol. Percieved Presering Rule of law

Costs ^ Entrepreneurial

Interest Group Politics I Politics - - - - Brown

Confrontationalt i Media Politics

Promise of Law Summary

PROMISE Orderly Dispute I US v. Nixon

Resolution breepo


logic of the


Brown v. Board

Comecting Political

Failures al


Prudence (by elites & public)

Part II: Judicial Constraint




Putting Some Pieces Together as we Fragmented Political Authority

- Creates choice tus

of forum

creates imperatives to



Defines an

opportunity structure

Strategic choices

When applied to civil rights, we can see tatt tiist oportuniti structive shift's




Bown as a political resource to shift perceptions about

Policy Proposals

Citigation as "constitutive" of policy perceptions

& (as a result) politics Brown creates

Civil Rights groups'civit a uright" to

disobedience highlights desegregation

Southern "resistance to the


Interest Group )

Politics Distribution of beal benefits


Politics school desegregation is now a constitutional rigut being imposed on

the south


Politics Executive Branch intervenes on the grunds that everyone benefits from mile of law

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Limits on Law & County Doctrinal Constraints: limits on conts derived from statutes, court decisions, or administrative regulations

Institutional Constraints: limit on courts that stem from:

a the way in which courts are internally organized b) the way in which courts interact with other "externa

political actors orals sig


Cultural Constraints: limits on courts that stem from elite or public opinion

stig & some constraints How do we know the law matters

fall into more than as a constraint? un

1 category & given the logic of the trad, we expect judges to say the law matters in all cases. So how do we

know that it does? & look at the type of signal (textual (conkent

analysis of the underlying law Examples of Doctrinal Constraints a

& same laws are vague..... un f Art. I, sect. 8 - "necessay & proper" clause

- You Andt. - "unreasonable search & seizure" & Some are more specific...

22nd Andt. - Presidental term limits

+26th Andt. - right to vote 18+ - the more specific the law, the stronger the


Behavioral Analysis afpe Doctrinal constraint

Colemean v. Tollesfson! issue does a dismissal on appeal count

as a strike under Prison litigation Reform Act?

Yes: 9-0 decision on Why? If law was a strong constraint,

ideologically diverse judges will

voke the same Audicial Can't" (textual content + behavioral analysis)

a) judges apply some laws even though they

disagree w/ the underlying policies...

- Fugitive slave Act, Tax law 6) look at what judges don't decide la variation

on the "framing" theme)

- constraint on judicial paver v. coercion Constraints on Audicial Paver limits on the court's ability to act at all

- ljusticiability" Constraints on Audicial coercion limits on the court's ability to implement decisions

"Remedy law


Hurricane Katrina (political impact) A claimants had grievance; went to legislative branches

for assistance & Congress passed many lany to assist relief efforts

government said they tried but it didn't work, not lack of response, but ineffectiveness of response that brought

the case to the courts

Promise & Limits of the Courts The promise

when elected branches failed, go to the counts. a class action lawsuits against Army Corps of

Engineers based on design flans of the lenee

system The limits azobu raut losinolach

judicial can't ! + Onder Flood Control Act, they cannot be sued

the agency was still guilty of gross incompetence" but the judge's hands were thed



Brown vs. Katrina

Brown Sympathetic plaintiffs?


"Good" facts? "Closed" legislative Yes (blocked) Yes (tried & failed


jes trwani Yes

(No (judicial can't

[why? I Supreme Court om lower court

more specific law

sympathetic judge?


Judicia Richmaking


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