Filtering by
- All Subjects: civic engagement
- All Subjects: judicial federalism
- Creators: Hoekstra, Valerie
Prior research finds that political interests turn to the state courts for two reasons: The structure of law creates a legal incentive and the political interests have access to state level resources, e.g. attorneys skilled in the laws of a state. Yet, there appear to be important gaps in existing theory. A distinction between state and national political interests is seemingly important. State political interests are embedded within their state political communities; consequently these interests should have strong attachments with their respective state courts. Also, state political interests can be expected to select courts on the basis of political ideology and state judicial selection methods. Prior research has shown the connection between these factors and judicial decision-making, but not interest group participation.
To examine these areas of uncertainty, this research collected more than 3500 observations of the participation of political interests in the American courts. Two legal areas were selected: eminent domain and marriage equality. Ultimately, this study finds that state political interests develop strong attachments to their respective state courts and are more likely to enter into the state courts than their nationally-oriented counterparts. This research also finds that judicial ideology and state judicial selection both influence the decision to enter into the state courts. This shows a relationship between these factors and the decision to enter into the state courts. It also suggests that these factors not only affect the choices that judges make, but other actors as well, including political interests.
This project offers an argument that isolates several major forces that it contends pose a critical threat to the endurance of modern American democracy. It evaluates modern and classic political philosophy to identify the prerequisites for a stable democracy, identifying and defining voter education and participation as necessary contributors to civic engagement. It provides a socio-legal framework for evaluating four phenomena that have shifted in their impact on politics over the past 20 years: the roles of money and media in politics, as well as disenfranchisement by gerrymandering and by felon voting restrictions. It demonstrates how each has a new and worsening impact on voter education and/or participation, thus threatening the continued existence of modern American democracy.
This project offers an argument that isolates several major forces that it contends pose a critical threat to the endurance of modern American democracy. It evaluates modern and classic political philosophy to identify the prerequisites for a stable democracy, identifying and defining voter education and participation as necessary contributors to civic engagement. It provides a socio-legal framework for evaluating four phenomena that have shifted in their impact on politics over the past 20 years: the roles of money and media in politics, as well as disenfranchisement by gerrymandering and by felon voting restrictions. It demonstrates how each has a new and worsening impact on voter education and/or participation, thus threatening the continued existence of modern American democracy.