POLITICAL LEGITIMACY AND THE SUPREME COURT: THE SOURCES AND CONTEXTS OF LEGITIMATION

In: Political research quarterly: PRQ ; official journal of Western Political Science Association, Pacific Northwest Political Science Association, Southern California Political Science Association, Northern California Political Science Association, Band 47, Heft 3, S. 675-692

Abstract

CONFLICTING EVIDENCE REGARDING THE ABILITY OF THE U.S. SUPREME COURT TO CONFER POLICY LEGITIMACY SUGGESTS THAT THE PROCESS OF LEGITIMATION IS BOTH SUBTLE AND MULTIFACETED. TWO ASPECTS OF THIS PROCESS ARE EXAMINED IN THIS PAPER. FIRST, THE AUTHOR EXPLORES THE RELATIONSHIP BETWEEN POLICY LEGITIMACY AND POLICY AGREEMENT. EXPERIMENTAL TESTS DEMONSTRATE THAT POLICY LEGITIMACY EMERGES FROM A DIRECT PROCESS OF SYMBOLIC LEGITIMATION AND THROUGH AN INDIRECT PROCESS OF PERSUASIVE LEGITIMATION. SECONDLY, THE AUTHOR EXAMINES THE MEDIATED CHARACTER OF SUPREME COURT RULINGS AS IT RELATES TO THE COURT'S ABILITY TO ENHANCE POLICY LEGITIMACY. EXPERIMENTAL TESTS REVEAL THAT THE COURT'S POWER OF LEGITIMATION REMAINS CONSISTENT REGARDLESS OF VARIANCE IN THE SPECIFIC CONTENT OF NEWS COVERAGE. COLLECTIVELY, FINDINGS HIGHLIGHT THE INTRICACY OF POLICY LEGITIMATION WHILE PROVIDING EVIDENCE THAT THE INSTITUTIONAL LEGITIMACY MAINTAINED BY THE SUPREME COURT CAN PRODUCE SIGNIFICANT SHIFTS IN POLICY EVALUATIONS.