The paper Does the law constrain the majority s decision Constrained court view yes Text Governing law specific no material disagreement on meaning of the law Votes Unanimous or at least bi partisan non ideological coalitions Dynamic court view no Text Governing law vague and or material disagreement on the meaning of the law Votes Split decisions and significant partisan ideological coalitions The standard textbook example school desegregation Q1 why not congress after WWII or what is the political logic of judicial action Q1 Wilson and Dilulio a framework of legislative political potions Wilson and dilulio provide a framework for answering the questions of why not congress The suggest a 4 step analysis Identify type of proposal Analyze perceived cost benefits Identify sales strategy Assess whether group has the resources to implement strategy Wilson and Dilulio a closer look Perceived benefits of the proposal diffuse Yes Diffuse costs benefits Majoritarian politicians No Diffuse costs concentrated benefits Client politics Yes Concentrated costs diffuse benefits Entrepreneurial politics No Concentrated costs concentrated costs benefits Interest group politics Q2 why use federal courts to set agenda State judges are elected federal judges are appointed for life Good facts under separate but equal Sympathetic national elites The cold war argument Sympathetic but not filibuster proof liberal majority in congress Q3 Bron and desegregation Did brown v board desegregate schools NO
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