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 areas
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