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How Political Parties Can Use the Courts to Advance Their Agendas: Federal Courts in the United States, 1875–1891

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  • Gillman, Howard

Abstract

This case study of late-nineteenth century federal courts in the United States sheds light on two seemingly unrelated questions of general interest to political scientists: What tools are available to party leaders who seek to institutionalize their policy agendas or insulate those agendas from electoral politics? and How do we account for expansions of judicial power? Using an historical–interpretive analysis of partisan agendas, party control of national institutions, congressional initiatives relating to federal courts, the appointment of federal judges, judicial decision making, and litigation patterns, I demonstrate that the increased power, jurisdiction, and conservatism of federal courts during this period was a by-product of Republican Party efforts to promote and entrench a policy of economic nationalism during a time when that agenda was vulnerable to electoral politics. In addition to offering an innovative interpretation of these developments, I discuss the implications arising from this case study for our standard accounts of partisan politics, political development, and the determinants of judicial decision making.

Suggested Citation

  • Gillman, Howard, 2002. "How Political Parties Can Use the Courts to Advance Their Agendas: Federal Courts in the United States, 1875–1891," American Political Science Review, Cambridge University Press, vol. 96(3), pages 511-524, September.
  • Handle: RePEc:cup:apsrev:v:96:y:2002:i:03:p:511-524_00
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    Cited by:

    1. Mordechai E. Schwarz, 2020. "A Master of Two Servants: The Effect of Separation of Powers on Public Accountability and Social Welfare," Proceedings of International Academic Conferences 10612466, International Institute of Social and Economic Sciences.
    2. Robert M. Howard, 2008. "Getting a Poor Return," Journal of Theoretical Politics, , vol. 20(2), pages 181-200, April.
    3. Jordan T. Cash & Dave Bridge, 2018. "Donald Trump and Institutional Change Strategies," Laws, MDPI, vol. 7(3), pages 1-21, July.

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