Introductory textbooks on American government tell us that the Supreme Court is independent from the elected branches and that independent courts better protect rights than their more deferential counterparts. But are these facts or myths?
In this groundbreaking new work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings. Analyzing cross-national evidence, Harvey also finds that the rights protections we enjoy in the United States appear to be largely due to the fact that we do not have an independent Supreme Court. In fact, we would likely have even greater protections for political and economic rights were we to prohibit our federal courts from exercising judicial review altogether. Harvey's findings suggest that constitutional designers would be wise to heed Thomas Jefferson's advice to "let mercy be the character of the law-giver, but let the judge be a mere machine."
Subjects: Political Science, Law
You do not have access to this book on JSTOR. Try logging in through your institution for access.
Log in to your personal account or through your institution.
Table of Contents
Export Selected Citations
Export to NoodleTools
Export to RefWorks
Export to EasyBib
Export a RIS file
(For EndNote, ProCite, Reference Manager, Zotero, Mendeley...)
Export a Text file