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Full-Text Articles in Law
A Computational Analysis Of Constitutional Polarization, David E. Pozen, Eric L. Talley, Julian Nyarko
A Computational Analysis Of Constitutional Polarization, David E. Pozen, Eric L. Talley, Julian Nyarko
Cornell Law Review
This Article is the first to use computational methods to investigate the ideological and partisan structure of constitutional discourse outside the courts. We apply a range of machine- learning and text-analysis techniques to a newly available data set comprising all remarks made on the U.S. House and Senate floors from 1873 to 2016, as well as a collection of more recent newspaper editorials. Among other findings, we demonstrate (1) that constitutional discourse has grown increasingly polarized over the past four decades; (2) that polarization has grown faster in constitutional discourse than in nonconstitutlonal discourse; (3) that conservative-leaning speakers have driven …
Trusting The Process: Amendments To The Supreme Court Process And Their Implications On The Essential Attributes Of The Judiciary In Today's Political Environment, Bailey Swainston
Trusting The Process: Amendments To The Supreme Court Process And Their Implications On The Essential Attributes Of The Judiciary In Today's Political Environment, Bailey Swainston
Brigham Young University Prelaw Review
The Supreme Court nomination process evolved over the past years to include changes not specified in the Constitution. Because of the obstruction and filibuster of nominees by the Senate minority parties, the “nuclear option” was instituted and effectively modified the process. The life long tenures of the Justices, the increase of public attention to the process and the Supreme Court’s decisions is causing nominees to face an unnecessarily difficult path to a seat in the Supreme Court. We address this issue by discussing (1) the recent changes to the process and their effects, (2) the consequences of life-long tenure and …
Political Parties And Constitutional Fidelity
Political Parties And Constitutional Fidelity
Marquette Law Review
In the aftermath of the 2016 presidential election, fewer themes have received more attention from scholars and public commentators than political polarization. However, given the recent focus on tension and conflict in contemporary American society, the present also seems an especially appropriate moment to investigate those fundamental structures that have successfully worked in the opposite direction to bind and stabilize the American polity. The goal of this paper is precisely this task, and to emphasize the centrality of one particular structure that has played such a stabilizing function: the political parties. Parties are often invoked in discussions of political polarization. …
Hearing The States, Anthony Johnstone
Hearing The States, Anthony Johnstone
Pepperdine Law Review
The 2016 Presidential and Senate elections raise the possibility that a conservative, life-tenured Supreme Court will preside for years over a politically dynamic majority. This threatens to weaken the public’s already fragile confidence in the Court. By lowering the political stakes of both national elections and its own decisions, federalism may enable the Court to defuse some of the most explosive controversies it hears. Federalism offers a second-best solution, even if neither conservatives nor liberals can impose a national political agenda. However, principled federalism arguments are tricky. They are structural, more prudential than legal or empirical. Regardless of ideology, a …
A Divided Nation: Political Polarization And Dispute Resolution, Lindsey Phipps
A Divided Nation: Political Polarization And Dispute Resolution, Lindsey Phipps
Pepperdine Dispute Resolution Law Journal
This article will discuss the causes and consequences of party polarization and propose that the legislative body work more collaboratively and cooperatively through direct implementation of alternative dispute resolution techniques such as negotiation and mediation in the legislative process. Part I will define political polarization, what it looks like today, its causes and its consequences. Part II will propose and explain the use of dispute resolution techniques and tactics, such as, negotiation, mediation and alternative dispute resolution to mitigate the effects of political polarization. Part III will conclude that dispute resolution techniques and tactics will mitigate the inadequacies created by …
America's Dangerous Political Polarization And Moderate Stigma, Dan Sicorsky
America's Dangerous Political Polarization And Moderate Stigma, Dan Sicorsky
Washington University Undergraduate Law Review
This paper addresses the underlying causes of polarization and moderate stigma, and proposes methods for increasing the number of nonpartisan politicians. A reemergence of moderate, non-binary voices in representative bodies can remedy Washington's historic unproductiveness and voting center's shameful desertedness. If we do not alter the ways we think, act, and vote, the two aisles will keep bloodily drifting apart, voting will end up an antiquated tradition, and Washington will cement its image as the battleground of unproductiveness.
Managing Political Polarization In Congress: A Case Study On The Use Of The Hastert Rule, Holly Fechner
Managing Political Polarization In Congress: A Case Study On The Use Of The Hastert Rule, Holly Fechner
Utah Law Review
This Article discusses the ideological polarization of Congress and of the Republican Party in particular. The rise of the Tea Party widened the ideological spectrum of members of the Republican caucus in Congress, especially in the House. To retain his leadership position and balance the competing factions in his caucus, Speaker Boehner routinely used a political and procedural tool known as the Hastert Rule.9 The Hastert Rule provides that the Speaker of the House will not schedule a bill for a floor vote unless a “majority of the majority” favors the legislation.
Democracy-Assisting Judicial Review And The Challenge Of Partisan Polarization, Terri Peretti
Democracy-Assisting Judicial Review And The Challenge Of Partisan Polarization, Terri Peretti
Utah Law Review
This Article recommends abandoning the democracy-assisting idea and instead exploring ways to prevent the Court from being enlisted in extreme and unrepresentative causes. Reform ideas should focus on increasing and regularizing turnover on the Court and encouraging the selection of more representative Justices, an outcome made more likely by increasing the representativeness of the elected officials who choose the Justices. Absent a crisis, of course, it is highly unlikely that any such reforms will be adopted. Nonetheless, it is a worthwhile exercise to think about how to enhance representational and consensus-building processes in the presence of growing partisan polarization. And …