Supreme Court Voting and Realigning Issues: A Microlevel Analysis of Supreme Court Policy Making and Electoral Realignment

Abstract

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.

Court Curbing via Attempt to Amend the Constitution: An Update of Congressional Attacks on the Supreme Court from 1955–1984

“…Therefore, while no new issues surfaced in this phase, a new "dominant national alliance" (Dahl 1957)-controlling the Senate and White House-emerged in politics. 8 As court-centered realignment scholars long ago predicted (Funston 1975;Adamany 1980;Lasser 1985;Gates 1989Gates , 1992Gates , 1999, these are the conditions under which we might expect attacks against a "lagging" Supreme Court (see also Dahl 1957;Whittington 2003).…”