Pulling Punches
Congressional Constraints on the Supreme Court's Constitutional Rulings, 1987–2000
Bibliographic Data
| ID | 6300541 |
|---|---|
| Authors | Anna Harvey (0000-0003-3743-3603, New York University), Barry Friedman (0000-0003-2455-7121, New York University) |
| Year | 2006 |
| Volume | 31 |
| Issue | 4 |
| Pages | 533-562 |
| Publication date | 2006-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Legislative Studies Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0362-9805 • E-ISSN: 1939-9162 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.3162/036298006x201922 |
| OpenAlex | W2008911932 |
| Language | EN |
| Citations received | 49 |
| References cited | 43 |
To date, no study has found evidence that the U.S. Supreme Court is constrained by Congress in its constitutional decisions. We addressed the selection bias inherent in previous studies with a statute‐centered, rather than a case‐centered, analysis, following all congressional laws enacted between 1987 and 2000. We uncovered considerable congressional constraint in the Court's constitutional rulings. In particular, we found that the probability that the Rehnquist Court would strike a liberal congressional law rose between 47% and 288% as a result of the 1994 congressional elections, depending on the legislative model used
Constitutional law · Constraint (computer-aided design · Legislature · Political science · Statute · Supreme court · Judicial and Constitutional Studies · Law · Law, Economics, and Judicial Systems · Legal and Constitutional Studies · Mathematics
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| Unique citing works | 49 |
|---|---|
| Citations per year | 2,58 |
| Citation span | 2007 - 2026 (20) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 49 |