Courthouse Democracy and Minority Rights: Same-Sex Marriage by Robert J. Hume

By Robert J. Hume

In Courthouse Democracy and Minority Rights: Same-Sex Marriage within the States, Robert J. Hume examines how the democratization of nation courts and country constitutional platforms has prompted the means of judges to guard minority rights. via a radical exam of same-sex marriage coverage, Hume exhibits that democratic ideas like judicial elections and initiative modification strategies have conditioned the effect of judges on country marriage legislation. utilizing a mixture of unique and publicly to be had information, Hume demonstrates that "courthouse democracy" has motivated the habit of kingdom judges, the reactions of the general public to country courtroom judgements, and the long term coverage outcomes of those judgements, together with the passage of nation constitutional amendments. Hume concludes that judges should be in a position to generating significant social change-and conserving minority rights-only once they have the institutional assets that they should stand opposed to renowned opinion.

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Pol. Sci. 599 (1995). Introduction 20 On issues such as same-sex marriage, the public is likely to pressure elected officials to defy or evade unpopular court decisions. In systems with direct democracy, citizens can take action against the decisions themselves. It seems reasonable to expect public reactions to state court decisions to be shaped by institutional conditions. We know from research on state public opinion that citizens have attitudes about state courts and that institutional design choices affect these attitudes.

Q. 633 (1998); Walter F. Murphy & Joseph Tanenhaus, Public Opinion and the United States Supreme Court, 2 Law & Soc’y Rev. 357 (1968). 36 Data are from the 2008 Cooperative Congressional Election Study, based on a national internet survey of 32,800 adults. For more information on the survey see Chapter 6. 36 Introduction enjoys such high approval ratings partly because the public holds mythic views of the Supreme Court, perceiving the justices as principled interpreters of the Constitution and defenders of rights.

17 Article III of the Constitution does not specify the size of the Supreme Court, and over time the number of justices has varied, from as few as six in 1789 to as many as ten in 1863. Perhaps the most famous controversy concerning the size of the Supreme Court occurred during the 1930s, when President Franklin Delano Roosevelt proposed adding up to six new justices to the Supreme Court for every justice who was over the age of seventy. Congress also has the power to restrict the appellate jurisdiction of the Supreme Court under the Exceptions Clause of Article III, section 2, as interpreted by Chief Justice John Marshall in Marbury v.

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