Pulling Punches: Congressional Constraints on the Supreme Court's Constitutional Rulings, 1987-2000

31 Pages Posted: 24 Jul 2007

See all articles by Anna Harvey

Anna Harvey

New York University Department of Politics

Barry Friedman

New York University School of Law

Abstract

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.

Suggested Citation

Harvey, Anna and Friedman, Barry, Pulling Punches: Congressional Constraints on the Supreme Court's Constitutional Rulings, 1987-2000. ; NYU Law School, Public Law Research Paper No. 07-11; NYU Law and Economics Research Paper No. 07-24. Available at SSRN: https://ssrn.com/abstract=1002626

Anna Harvey (Contact Author)

New York University Department of Politics ( email )

19 W. 4th St.
New York, NY 10012-1099
United States

Barry Friedman

New York University School of Law ( email )

40 Washington Square South
Room 317
New York, NY 10012-1099
United States
212-998-6293 (Phone)
212-995-4030 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
251
Abstract Views
1,464
rank
120,281
PlumX Metrics