Explaining Congressional Attempts to Reverse Supreme Court Decisions
Dados Bibliográficos
| ID | 6339506 |
|---|---|
| Autores | Joseph Ignagni (The University of Texas at Arlington), James Meernik (0000-0003-1748-8391, University of North Texas) |
| Ano | 1994 |
| Volume | 47 |
| Fascículo | 2 |
| Páginas | 353-371 |
| Data de publicação | 1994-06-01 |
| Peer Reviewed | Sim |
| Open Access | Sim |
| Tipo | ARTICLE |
| Periódico | Political Research Quarterly (JOURNAL) |
| Identificadores do periódico | ISSN: 1065-9129 • E-ISSN: 1938-274X |
| Editora | SAGE Publications Inc (PUBLISHER) |
| DOI | 10.1177/106591299404700207 |
| OpenAlex | W2129620666 |
| Idioma | EN |
| Citações recebidas | 18 |
| Referências citadas | 22 |
This research examines what factors are likely to cause the Congress to attempt to reverse Supreme Court decisions that hold federal laws unconstitutional during the Warren, Burger, and early years of the Rehnquist courts. First, we outline a general theory of congressional motivation to reverse Supreme Court decisions that looks to both electoral considerations and the need to safeguard congressional power as the primary motivating factors. Using a data set consisting of 65 Court decisions that reversed all or part of some federal statute(s), we test our hypotheses using a probit model to predict when the Congress will take counteraction. We find that the electoral considerations of public opinion and interest group pressure are likely to lead to a congressional response, while the institutional considerations of court unanimity and the age of the legislation struck down are also important. The congress, however, is most likely not to take any decision reversal action
Certiorari · Concurring opinion · Legislation · Majority opinion · Original jurisdiction · Political science · Statute · Supreme court · Supreme Court Decisions · Unanimity · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Legal and Constitutional Studies
The Solicitor General and the United States Supreme Court
The Impact of Public Opinion on Public Policy
Testing Legislative Deferral
A Case for Supreme Court Term Limits? The Changing Ideological Relationship between Appointing Presidents and Supreme Court Justices
Placing the Ball in Congress’ Court
The Legislative Design of Judicial Review
Judicial Review and Coordinate Construction of the Constitution
Invoking Precedent
An Analysis of Policy-Based Congressional Responses to the U.S. Supreme Court's Constitutional Decisions
Explaining the Incidence and Timing of Congressional Responses to the U.S. Supreme Court
Institutions, Interests, and Judicial Outcomes
Congressional Attacks on Supreme Court Rulings Involving Unconstitutional State Laws
Opportunity and Overrides
Congress, the Supreme Court, and the Flag
Designing Tests of the Supreme Court and the Separation of Powers
Inviting Congressional Action
Ideological Polarization on the Supreme Court
The Influence of Congressional Preferences on Legislative Overrides of Supreme Court Decisions
The Gallup Poll
The decline and resurgence of Congress
Judicial policies
The Statistical Analysis of Quasi-Experiments
Linear Probability, Logit, and Probit Models
Partisan Realignment, Unconstitutional State Policies, and the U.S. Supreme Court, 1837-1964
Congress, The Electoral Connection
Congress
A statistical model for the analysis of ordinal level dependent variables
The Decline of Party in the U. S. House of Representatives, 1887-1968
The Supreme Court in Periods of Critical Realignment
Critical Elections and the Supreme Court
The Supreme Court and Critical Elections
The Political Efficacy of Judicial Symbolism
The Supreme Court as a Countermajoritarian Institution? The Impact of Public Opinion on Supreme Court Decisions
Voting Behavior on the United States Courts of Appeals Revisited
| Obras citantes distintas | 18 |
|---|---|
| Citações por ano | 0,58 |
| Intervalo de citações | 1995 - 2020 (26) |
| Velocidade de citação | historical |
| Altamente citado | Não |
| Tipos de citação | Neutras: 18 |