This study examines the extent and ways in which two ideologically dis parate justices of the U.S. Supreme Court rely upon the intent of the fram ers of the Constitution in their opinions on constitutional questions. A content analysis of the complete opinions written by Justices Brennan and Rehnquist over a ten-year period reveals that not only do they not differ in their relative use of intentionalism but they also very rarely use original intent as the controlling argument in their opinions. We examine as well the justices' historiography. Finally, a systematic examination of all opin ions shows that the two justices consistently use intentionalism in support of quite different ideological outcomes. We discuss the quantitative and interpretive findings in light of debates over constitutional interpretation and explanations of judicial decision making.
Presidential appointments to the U.S. Supreme Court are major constitutional events. Few studies assess whether this political process benefits presidents with appointment opportunities. This article estimates the policy success of presidents since Eisenhower in appointing favorable justices on the racial equality issues. Previous research uses the president's party affiliation as an indirect measure of presidential preferences. This research examines the president's policy stance more directly by using presidential public statements on racial equality issues. An issue specific measure of presidential preferences shows that presidents have been more successful in appointing like-minded justices than reliance on presidential party would suggest. Regression estimates of the justices aggregate voting record on racial equality cases are robust even in light of other controls. The implications for democratic theory and future research are discussed. Copyright 1989 by The Policy Studies Organization.
Realignment of the American party system is a major focus for students of voting behavior, congressional policy making, and political history (Key, 1955; Burnham, 1970; Clubb, Flannigan, and Zingale, 1980; Kleppner, 1979; Sundquist, 1973; Campbell, 1977; Trilling and Campbell, 1980; Ladd and Hadley, 1978; Brady and Stewart, 1982; Brady, 1985; Sinclair, 1982). The transformation of the party system encompasses significant shifts in electoral support for the major political parties, changes in congressional policy making, and a redirection of national policy making. The rise of new party eras is intriguing because the constitutional structure seeks to minimize such major institutional and policy change. The separation of powers, federalism, and different recruitment patterns for political leaders are structural factors inhibiting major policy change (Brady, 1985). Realignment overcomes these barriers as highly volatile and cross-cutting issues arise. These issues produce linkages between electoral choice, congressional voting, and the broad shape of national policy making.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.