● Courts and fragmented authority though the Interpretative lenses of CCV v. DCV○ CCV■ The American system of fragmented power provides multiple checks against judicial policy making■ When the elected branches “talk back”, courts listen■ Courts anticipate the reactions of the elected branches and adapt accordingly○ DCV■ The American system of fragmented power is a recipe for legislative inertia, which gives courts ample room to maneuver ■ The elected branches are too busy bickering to talk back to the courts ■ This creates a political vacuum that judges are likely to fill● Spatial model: a primer○ What is a social science “model”?■ A model is a set of simplifying assumptions○ What is a spatial model■ A spatial model is a common model in political science and economics, which aims to simplify strategic interactions among “players”■ Its called the spatial model in part because it seels to delineate preferences graphically (along a line or in two dimensions)○ Why do we use models■ For a lot of reason, including the hypotheses that can be tested through observations ● A spatial model of the supreme court’s “zones of discretion under separation of powers ● SQ = ● P = ● H = ● SC = ● S = ○ Assume 1) P, S, H each have an ideal point; 2) P, S, H each can initiate an override bill; 3) P, S, H each can kill a bill; 4) game begins with SQ in place that is“sticky”; and 5) SC is not constrained by law● Some lessons○ Models are simplifications--always ask about the reasonableness of the underlying assumptions ○ Nevertheless, this simple models suggest a couple of plausible hypotheses○ The greater the tension among the elected branches, the greater the political vacuum and greater opportunity for judicial dynamism○ Conversely, the less tension among the elected branches, the less opportunity for judicial dynamism ○ When one branch is ideologically extreme, court will have politica over to make policy in that direction● Political vacuums○ Brown v board■ Refusal to act/action blocked by dixiecrats ○ Katina ■ Failure to act efficiently■ But judicial can’t ○ Detroit ■ Repeated mistakes/toxic political dynamics ■ Bankrupcy as a means to renegociate fiscal policy○ Note: these dynamics happen at the fedrela and local level and appear ina wide variety of policy
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