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The United States Supreme Court's Volitional Agendas, 1801-1993: Historical Claims versus Empirical Findings (open access)

The United States Supreme Court's Volitional Agendas, 1801-1993: Historical Claims versus Empirical Findings

In this study, I examined the Supreme Court's agenda from 1801 to 1993 to determine the composition and dynamics of the issues that have dominated the business of the Court. Specifically, I set out to test empirically Robert G. McCloskey's (now standard) characterization of the Supreme Court's history, which sees it as dominated by nationalism/federalism issues before the Civil War, by economic issues just after the War through the 1930s, and by civil rights and liberties since the 1930s. The question that drove my investigation was "Is McCloskey's interpretation, which appears to be based on the great cases of Supreme Court history, an accurate description of the agenda represented in the Supreme Court's total body of reported decisions?" To test McCloskey's historical theses I employed concepts adapted from Richard Pacelle's (1991) important work on the agenda of post-Roosevelt Court and used the methods of classical historical analysis and of interrupted time-series analysis. Data for my research came from existing datasets and from my own collection (I coded the manifest content of thousands of Supreme Court's decisions from 1887 back to 1801). The most important finding from my analyses is that McCloskey not withstanding, the pre-Civil War Supreme Court's agenda was …
Date: May 2000
Creator: Ogundele, Ayodeji O.
System: The UNT Digital Library