It is conventional in research on the legitimacy of the U.S. Supreme Court to rely on a survey question asking about confidence in the leaders of the Court to indicate something about the esteem with which that institution is regarded by the American people. The purpose of this article is to investigate the validity of this measure. Based on a nationally representative survey conducted in 2001, we compare confidence with several different measures of Court legitimacy. Our findings indicate that the confidence replies seem to reflect both short-term and long-term judgments about the Court, with the greater influence coming from satisfaction with how the Court is performing at the moment. We suggest a new set of indicators for measuring the legitimacy of the Court and offer some evidence on the structure of the variance in these items.
The conventional wisdom about the US Supreme Court and the 2000 presidential election is that the Court wounded itself by participating in such a partisan dispute. By ‘wounded’ people mean that the institution lost some of its legitimacy. Evidence from our survey, conducted in early 2001, suggests little if any diminution of the Court’s legitimacy in the aftermath of Bush v. Gore, even among African Americans. We observe a relationship between evaluations of the opinion and institutional legitimacy, but the bulk of the causality seems to flow from loyalty to evaluations of the case, not vice versa. We argue that legitimacy frames perceptions of the Court opinion. Furthermore, increased awareness of the activities of the Court tends to reinforce legitimacy by exposing people to the powerful symbols of law. In 2000, legitimacy did indeed seem to provide a reservoir of good will that allowed the Court to weather the storm created by its involvement in Florida’s presidential election.
The orthodox answer to the question posed in the title of this article is that the legitimacy of institutions has something to do with acquiescence to unwelcome public policy decisions. We investigate that conventional wisdom using an experiment embedded within a representative national sample in the United States. We test hypotheses concerning not only the effect of institutional legitimacy on acquiescence, but also the influence of partisanship, the rule of law, and simple instrumentalism on willingness to accept an objectionable policy decision. Our analyses reveal that legitimacy does matter for acquiescence, and that the Supreme Court is more effective at converting its legitimacy into acceptance than is Congress. Yet, many important puzzles emerge from the data (e.g., partisanship is not influential), so we conclude that Legitimacy Theory still requires much additional empirical inquiry.
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