POSC 130g Lecture Notes - Lecture 4: Rulemaking
Document Summary
Once more unto the breach the paper (cid:523)again(cid:524) Law as a means to correct political failure". Question (cid:523)does the law constrain the major)ty"s decision? (cid:524) Constrained view -> text -> (governing law specific + no material disagreement on the meaning of the law) > votes -> unanimous or at least bi-partisan/ non-ideological coalitions. Dynamic view -> text -> governing law vague and/ or material disagreement on the meaning of the law. > votes -> split decisions and significant partisan/ ideological coalitions. Hypothesize under what conditions we expect the court to have a more dynamic or constrained court view. Mobilization (aggregation/ crystallization of demands) -> agenda setting (filing a complaint) > information gathering (discovery) -> rulemaking (court decisions) -> implementations. Judges engage in this process because they have to as part of interpreting the law and they want to. Question #1: why not congress after wwii? (or, what is the political logic of judicial action?)
