Explaining Congressional Support for the Federal Judiciary

Jake S. Truscott & Teena Wilhelm
Research Handbook on Law and Political Systems (Book Chapter, 2023)

Abstract: An independent judiciary it is not an empirical reality in the American political system, in part because the federal judiciary is tied to decisions made by Congress. Of course, the American separation-of-powers reality is that Congress also depends on the judiciary to reinforce and “constitutionalize” its policymaking. Given this, a legislature interested in policy longevity can choose to strategize and support the judiciary in an opportunistic manner. The degree to which Congress chooses strategies that support the judiciary impacts the institution’s influence and capacity. The extent to which support is demonstrated over time reflects the institutional development of the federal judiciary itself.

Citation: Truscott, J. S., & Wilhelm, T. (2023). Explaining congressional support for the federal judiciary. In Research Handbook on Law and Political Systems (pp. 122-138). Edward Elgar Publishing.

Index of Judicial Power (1796-2015)

Index of Judicial Power (1796-2015) (Figure 1)

Dynamic Scores (SCOTUS, Roberts Court)

Federal Judiciary Index Compared With Supreme Court Index (McGuire, 2004)