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SAGE Journal Articles
SJ-userguide.pdf

Article 1: Pacelle Jr., R. L., Marshal, B. W., and Curry, B. W. (September 2007). Keepers of the Covenant or Platonic Guardians? Decision Making on the U.S. Supreme Court. American Politics Research 35(5). 694. 725.

This article discusses how the Supreme Court justice’s make their decisions and how the Supreme Court as a whole makes their decisions. The authors examine the disconnect between the individual and institutional level by developing a model to help explain decision making in the judicial branch. 

Questions to Consider:

1. What factors contribute to institutional decision-making?

2. Explain the disconnection between individual and institutional decision-making.

3. Do you believe that the court is the keeper of the covenant?

Learning Objective(s): 9.3 Describe the structure of the federal judiciary; 9.4 Relate the judicial decision-making process

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Article 2: Stoutenborough, J.W., Haider-Markel, D. P.,  and Allen, M. D. (September 2006). Reassessing the Impact of Supreme Court Decisions on Public Opinion: Gay Civil Rights Cases. Political Research Quarterly 59(3). 419-433.

This article discusses the debate over the U.S. Supreme Court’s ability to influence public opinion through its decisions and attempt to bring clarity to the current approaches by studying an issue area that is very contentious: gay civil rights. The authors argue that the ability of Court decisions to influence public opinion is a function of a myriad of factors.

Questions to Consider:

1. What factors are important in analyzing the influence of court decisions on public opinion?

2. What do the author’s findings state in regards to the legitimation hypothesis?

3. What suggestions for future research are made the authors and how can these assist the study of supreme court influence on public opinion?

Learning Objective: 9.3 Describe the structure of the federal judiciary

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Article 3: Hall, M. E. K. (May 2014). Testing Judicial Power: The Influence of the U.S. Supreme Court on Federal Incarceration. American Politics Research. 1-26.

This article discusses the amount of power that is held by the U.S. Supreme Court in terms of criminal justice policies. The adopts a different approach to test power of the U.S. Supreme Court. The findings show that decision-making by the Supreme Court is positively associated with long-term shifts in new admissions to the U.S. federal prisons.

Questions to Consider:

1. What do the authors findings suggestion in terms of the Court’s power and influence in the criminal justice system?

2. How do the author’s findings differ from Hamilton’s assertion that the court “has no influence over either the sword or the purse”?

3. Do you believe the court plays a counter majoritarian role in the political system?

Learning Objective: 9.4 Relate the judicial decision-making process

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CQ Researcher

Logic7eCh9-supremecourtcontroversies.pdf

Jost, K. (September 2012). Supreme Court Controversies. CQ Researcher 22(34). 813-840.

This article discusses the Roberts Court and the controversial President Obama health care law. The critics and the court’s defenders are highlighted: liberal critics continue to accuse the Roberts Court of political decision-making, judicial activism and a pro-business orientation. The court's defenders say the justices are acting without regard to politics and following judicial restraint.

Questions to Consider:

1. Did the Roberts Court engage in judicial activism? If so, how?

2. Should the Supreme Court prohibit racial preferences in university admissions? Discuss the pros and cons identified in the article

Learning Objective: 9.6 Assess to what extent the Supreme Court’s judicial review is checked by other branches of the government