front cover of The Jeffords Switch
The Jeffords Switch
Changing Majority Status and Causal Processes in the U.S. Senate
Chris Den Hartog and Nathan W. Monroe
University of Michigan Press, 2019

Senator Jim Jeffords left the Republican Party in May 2001 and became an independent. Because he agreed to vote with the Democrats on organizational votes, this gave that party a 51–49 majority in the Senate.

Using the “Jeffords switch,” Chris Den Hartog and Nathan W. Monroe examine how power is shared and transferred in the Senate, as well as whether Democratic bills became more successful after the switch. They also use the data after the switch, when the Republican Party still held a majority on many Democratic Party-led committees, to examine the power of the committee chairs to influence decisions. While the authors find that the majority party does influence Senate decisions, Den Hartog and Monroe are more interested in exploring the method and limits of the majority party to achieve its goals.

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Josiah Quincy, 1772–1864
The Last Federalist
Robert A. McCaughey
Harvard University Press, 1974
Josiah Quincy’s life encompassed both the American Revolution and the Civil War. He was, as James Russel Lowell called him, “a great public character.” The first modern biography of Josiah Quincy casts light on the changing fortunes of New England’s colonial elite, the character of early nineteenth-century urban life, the history of Harvard, and the conservative contribution to the anti-slavery movement. Finally it indicates the role Federalist ideology continued to play in American life long after it had become politically discredited.
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Judging Inequality
State Supreme Courts and the Inequality Crisis
James L. Gibson
Russell Sage Foundation, 2021
Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. 
 
Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. 
 
Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. 
 
Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy. 
 
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front cover of The Judicial Power of the Purse
The Judicial Power of the Purse
How Courts Fund National Defense in Times of Crisis
Nancy Staudt
University of Chicago Press, 2011

Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court.

In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

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