By Anna Harvey
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Balancing admire for non secular conviction and the values of liberal democracy is a frightening problem for judges and lawmakers, relatively whilst non secular teams search exemption from legislation that govern others. should still contributors of spiritual sects have the ability to use peyote in worship? should still pacifists be compelled to participate in army provider whilst there's a draft, and will this rely on whether or not they are non secular?
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Additional resources for A Mere Machine: The Supreme Court, Congress, and American Democracy
In both case-based and time-series analyses there is no evidence that any of the ﬁndings reported in Chapter Five are simply the spurious results of more fundamental associations between the Court’s judgments and public opinion, unemployment, inﬂation, the homicide rate, federal military spending, or the overall liberalism of federal public policy. In fact, none of these alternative causal factors have any consistent association with the Court’s rulings in cases involving constitutional challenges to federal statutes, regardless of the speciﬁcation used.
We may end up underestimating this effect, perhaps even concluding that no such effect exists, simply because we have too few relevant cases in our sample from terms wherein the Court faced hostile House majorities. Using a known population of potential cases, however, we can attempt to address this problem of selection bias in the Court’s docket. 57 This analysis consists ﬁrst of estimating the probability that constitutional challenges to liberal landmark statutes enacted between 1987 and 1994 make it onto the Rehnquist Court’s docket in each term, as a function of both judicial and elected branch preferences, controlling for statute age.
These possible alternative explanations are hard to square with the speciﬁcity of the Court’s deference. The justices appear to defer only to the preferences of majorities in the House of Representatives, not to those of Senate majorities or the president. This is the case even though, over the period examined here, the estimated preferences of both Senate majorities and the president are more closely linked to public opinion 17 18 SUPREME COURT, CONGRESS, AND AMERICAN DEMOCRACY (and thereby also to the factors that drive public opinion) than are those of House majorities.
A Mere Machine: The Supreme Court, Congress, and American Democracy by Anna Harvey