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6%20September%20356 Texas A&M POLS 356
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  • Title: 6%20September%20356
  • Type: Notes
  • School: Texas A&M
  • Course: POLS 356
  • Term: Spring

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Support Public and the Legitimacy of State Courts (and the U.S. Supreme Court) This slide presentation will be posted after class at http://www-polisci.tamu.edu/faculty/flemming/ http://www- Full-Time Salaries of 2006 Law School Graduates The sample includes--in order of size--private practice (55.8%), business (14.2%), government (10.6%), judicial clerks (9.6%), public interest (5.4%), and other (2.8%). What are the implications of this chart? For law students. Let's face it: $40K to $55K per year is just not enough to pay down the avg. $85,000 debt (especially as interest rates climb) and still enjoy any kind of lifestyle that a professional degree is presumed to confer. The national median starting salary for a 2 to 10 lawyer firm is $50,000. There are a lot of struggling alumni out there. And do we really need more law schools? For many, getting a JD is a very risky financial proposition, especially when you factor in bar passage. 1 It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law. Time will one day heal the wound to that confidence that will be inflicted by today's decision. One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law. Justice John Paul Stevens in Bush v. Gore (2000), dissenting Public Support for the Supreme Court -A simplified depiction of the interaction between support and the Court Support for Court Level of support Trends of support Distribution or structure of support SUPREME COURT Voting liberalism Jurisprudence "Activism" of court Deference of court 2 Confidence in the President, Congress, and Supreme Court: 1973-2005 1 0.9 0.8 0.7 Confidence 0.6 0.5 0.4 0.3 0.2 0.1 0 R 19 73 19 74 19 75 19 76 19 77 19 78 19 80 19 82 19 84 19 86 19 87 19 88 19 90 19 91 19 93 19 95 19 97 19 99 20 01 20 02 EA Bush v. Gore Y Supreme Court Executive branch Congress Question: As far as the people running the Supreme Court are concerned, would you say you have a great deal of confidence, only some confidence, or hardly any confidence at all in them? Source: GSS and Harris Surveys 1972 to 2005 DEFINING OUR TERMS LEGITIMACY, TRUST, CONFIDENCE, SUPPORT, APPROVAL, ETC. DO THE TERMS DIFFER OR DO THEY MEAN THE SAME THING? CALDEIRA AND GIBSON, "ETIOLOGY OF PUBLIC SUPPORT" APPROVAL OF DECISIONS VS. INSTITUTIONAL COMMITMENT DIFFUSE SUPPORT = INSTITUTIONAL COMMITMENT SPECIFIC SUPPORT = APPROVAL OR DISAPPROVAL OF COURT DECISIONS OR IDEOLOGICAL DIRECTION OF DECISIONS 3 If "diffuse support" is a form of public confidence in the Supreme Court that is not significantly affected by specific decisions in the near or short term, then the Court can make very controversial decisions and thus persist or remain "durable" over time because of "institutionalization." The example of Bush v Gore (2000) Only two items ("favors some groups" and up "mixed in the politics") generate non-supportive responses. The other four items indicate very high support for the Supreme Court. These are the six items that measure "diffuse support" 4 Comparing items for 1995 and 2001, diffuse support is higher, not lower, after Bush v. Gore. 5 Except for #3, high percentages of supportive views of judges, but not courts? Note the distinction between judges and courts, plus ambiguous "decisions." Do people "support" judges but question "courts"? Do these replies point to doubts about legal "institutions" but not those who work in them? 6 Even when respondents express negative views of judges (i.e., whether judges are perceived as ideological), they nevertheless have generally favorable "supportive" views. People who consider judges as ideological still express trust in them, consider them fair, and view their decisions as "neutral" Views of whether courts are "fair" drop regardless of how judges are viewed So ... what personal factors are related to diffuse support for state courts? Group membership and church attendance increase diffuse support Females are less supportive while whites are more supportive However, knowledge about courts, concerns over campaign contributions, views that judges are ideological reduce support as well as whether state elects judges on partisan ballot 7 An Alternative Perspective The "Structural Response Hypothesis" The "distribution" or "structure" of support may be as important as "levels" of support Long term Institutional Short term Policy/decisions Changes in distribution of diffuse support or legitimacy Specific support Approval "POLARIZATION" Structural Response Confidence TWO ASPECTS OF PUBLIC VIEWS ABOUT ABORTION A higher score indicates support for abortion decision. "Discretionary" refers to woman's right to make decision. "Health" refers to state of woman and pregnancy. Key Finding: Support for abortion increased with Roe v. Wade Source: Franklin and Kosaki 8 But...Support Varied by Religion and Race...Plus Differences Got Wider Between Groups After Roe v. Wade (1) In upper half of table, proportion of support is shown for each group on scale with 0 = low support and 3 = high support (2) In lower half, groups are compared for 1972-1973 to show "gap" or "polarization" between groups. For example, difference between WC (.28) and WP (.44) in scale category 3 is - .16, indicating greater support for WP than WC. Summing Up: Can the Court affect the amount of "legitimacy" it receives through its decisions? "Legitimacy" defined as "support" is a concept with TWO parts that differ in terms of time and focus. Short-term "specific" support for the Court varies with decisions. Long-term or "diffuse" support is less volatile and changes less quickly, which gives state courts and the Supreme Court insulation from drops in specific support. Beneath overall support levels, however, the Court can "polarize" the public, but the effects vary by the group and social context (e.g., abortion and church-going Catholics). 9

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Path: Texas A&M >> POLS >> 356 Spring, 2008

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Path: Texas A&M >> POLS >> 356 Spring, 2008
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Path: Texas A&M >> POLS >> 356 Spring, 2008
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Path: Texas A&M >> POLS >> 356 Spring, 2008
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Path: Simons Rock >> FS >> 101 Spring, 2008
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