JUDICIAL POLITICS

This political science course provides an introduction to the politics of judges, courts, and law in the United States.  We will evaluate law and courts as political institutions and judges as political actors and policy-makers.

The topics we will study include what courts do; how different legal systems function; the operation of legal norms; the U.S. judicial system; the power of courts; constraints on judicial power; judicial review; the origin of judicial institutions; how and why Supreme Court justices make the decisions they do; case selection; conflict between the Court and the other branches of government; decision making and conflict within the judicial hierarchy; the place of courts in American political history; and judicial appointments.

We will explore some common but not necessarily true claims about how judges make decisions and the role of courts.  One set of myths sees judges as unbiased appliers of neutral law, finding law and never making it, with ideology, biography, and politics left at the courthouse door. Another set of myths sees the judiciary as the “least dangerous branch,” making law, not policy, without real power or influence.

Our thematic questions will be:  How much power and discretion do judges have in the U.S?  What drives their decision-making?