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"Is anyone worried about judicial review?" Attitudes towards judicial review in an era of political turmoil
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Title
"Is anyone worried about judicial review?" Attitudes towards judicial review in an era of political turmoil
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Morgan
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Kyle J.
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Kyle J. Morgan
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author
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Heumann
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Milton
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Milton Heumann
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Advisory Committee
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chair
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Miller
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Lisa L.
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Lisa L. Miller
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Advisory Committee
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internal member
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Lau
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Richard
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Richard Lau
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Advisory Committee
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internal member
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Lawrence
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Susan
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Susan Lawrence
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Advisory Committee
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internal member
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Redlawsk
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David
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David Redlawsk
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Advisory Committee
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Rutgers University
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degree grantor
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School of Graduate Studies
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theses
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2020
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2020-05
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2020
Language
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English
Abstract
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I focus on two groups that are potentially thwarted by the Supreme Court’s use of judicial review; Members of the House and Senate, and the public. Using an original data set of House and Senate Press releases collected over a three- and half-year period I argue that both Republicans and Democrats are “concerned” about the compatibility of judicial review with democracy, but their concerns stem from different sources. Republicans focus on the classic conception of judicial review being counter majoritarian where the court is invalidating “the will of the people or voters” while Democrats appear to be more concerned with the use of judicial review to weaken the democratic process by harming access to and participation in the political process. From the public side I analyzed a survey and survey experiment. In the survey I explore how attitudes towards different conceptions of democracy influence attitudes towards judicial legitimacy. I find that among voters who are supportive of the majoritarian elements of democracy there is a decrease in their views of the Court’s legitimacy, while those who support civil liberties and civil rights, liberal democracy, view the Court as more legitimate. In the experiment I randomly assigned subjects to a treatment where they read a criticism of the Court based on the language used by Democratic and Republican legislators in their press releases, and the passage was attributed to either a Democratic, Republican, or bipartisan source. I find that responses to the attacks are conditional upon the partisan source cue. However, among those that received a co-partisan source there was some evidence that subjects were more receptive to criticisms that aligned with how those legislators attacked the Court. While the framing of the attacks on the Court may have influenced how responsive voters were to the messages, I find no evidence that these attacks harmed the Court’s legitimacy.
Subject
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Topic
Judicial politics
Subject
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Topic
Political Science
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Rutgers University Electronic Theses and Dissertations
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ETD_10941
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Extent
1 online resource (vii, 22e pages) : illustrations
Note
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Ph.D.
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Includes bibliographical references
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School of Graduate Studies Electronic Theses and Dissertations
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rucore10001600001
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Identifier
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doi:10.7282/t3-mzvc-f935
Genre
(authority = ExL-Esploro)
ETD doctoral
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Rights
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The author owns the copyright to this work.
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Name
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Morgan
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Kyle
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Permission or license
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2020-05-06 16:43:22
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Kyle Morgan
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Affiliation
Rutgers University. School of Graduate Studies
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Author Agreement License
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I hereby grant to the Rutgers University Libraries and to my school the non-exclusive right to archive, reproduce and distribute my thesis or dissertation, in whole or in part, and/or my abstract, in whole or in part, in and from an electronic format, subject to the release date subsequently stipulated in this submittal form and approved by my school. I represent and stipulate that the thesis or dissertation and its abstract are my original work, that they do not infringe or violate any rights of others, and that I make these grants as the sole owner of the rights to my thesis or dissertation and its abstract. I represent that I have obtained written permissions, when necessary, from the owner(s) of each third party copyrighted matter to be included in my thesis or dissertation and will supply copies of such upon request by my school. I acknowledge that RU ETD and my school will not distribute my thesis or dissertation or its abstract if, in their reasonable judgment, they believe all such rights have not been secured. I acknowledge that I retain ownership rights to the copyright of my work. I also retain the right to use all or part of this thesis or dissertation in future works, such as articles or books.
Copyright
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Copyright protected
Availability
Status
Open
Reason
Permission or license
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2020-05-08T10:42:34
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2020-05-08T10:42:34
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