The Politics of Judicial Legitimation The Powers and motivations of the Supreme Court Reconsidered

Date of Award

2004

Document Type

Thesis

Degree Name

Bachelors

Department

Social Sciences

First Advisor

Lewis, Eugene

Keywords

American Government, Supreme Court, Legitimacy

Area of Concentration

Political Science

Abstract

The Supreme Court is constitutionally devoid of the power to create and enforce laws yet, at times, seems to have a prominent role in both processes. Preservation of these extra-constitutional powers is essential to maintaining the influence of the Court and its justices, vis-a-vis the other branches of government. Judicial power is derived not only from the Court's evolved position within the government, but also from the Court's symbolic stature. The role of institutional legitimacy, understood here as the foundation of the Court's extra-constitutional powers, has been undertheorized in studies of the Court's decision-making process. This thesis argues that members of the Court modify their decisions in accordance to the preferences of the executive and legislative branches when the legitimacy of the Court is threatened. This claim is substantiated by a study of the institutional context in which the Court operates and a historical examination of Supreme Court decisions made during times of institutional crisis. From this analysis, it becomes clear that institutional legitimacy is always an important consideration in the Court's decision making process, even during the least politically charged circumstances.

Rights

This bibliographic record is available under the Creative Commons CC0 public domain dedication. The New College of Florida, as creator of this bibliographic record, has waived all rights to it worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.

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