Public Opinion and Constitutional Controversy
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American politics is most notably characterized by the heated debates on constitutional interpretation at the core of its ever-raging culture wars, and the coverage of these lingering disputes are often inundated with public-opinion polls. Yet for all their prominence in contemporary society, there has never been an all-inclusive, systematic study of public opinion and how it impacts the courts and electoral politics.Public Opinion and Constitutional Controversy is the first book to provide a comprehensive analysis of American public opinion on the key constitutional controversies of the twentieth century, including desegregation, school prayer, abortion, the death penalty, affirmative action, gay rights, assisted suicide, and national security, to name just a few. With essays focusing on each issue in-depth, Nathaniel Persily, Jack Citrin, Patrick Egan, and an established group of scholars utilize cutting edge public-opinion data to illustrate these contemporary debates, methodically examining each one and how public attitudes have shifted over time, especially in the wake of prominent Supreme Court decisions. More than just a compilation of available data, however, these essays join the "popular constitutionalism" debate between those who advocate a dominant role for courts in constitutional adjudication and those who prefer a more pluralized constitutional discourse. Each essay also vividly details the gap between the public and the Supreme Court on these hotly contested issues and analyzes how and why this divergence of opinion has grown or shrunk over the last fifty years.
Ultimately, Public Opinion and Constitutional Controversy sheds light on a major yet understudied part of American politics, providing an incisive look at the crucial part played by the voice of the people on the issues that have become an indelible part of the modern-day political landscape.
Reviews
"There has never been a book out there like this one--that examines public opinion toward a genuinely wide range of constitutional issues in an up-to-date and engaging fashion. The chapters are rich in data presented in sharp and informative graphics."--Robert Y. Shapiro, Professor of Political Science, Columbia University
"This is an incredibly useful book--indispensable for anyone interested in the way constitutional law really works. We need to know what this book teaches us: how the public absorbs judicial decisions and what it makes of the controversies that preoccupy lawyers, judges, politicians, and scholars."--Larry Kramer, Richard E. Lang Professor of Law and Dean, Stanford Law School
"This remarkably useful book will be of interest to specialists in public opinion and public law as well as anyone interested in American politics more generally."--Morris P. Fiorina, Wendt Family Professor of Political Science, Stanford University
"This book is a welcome addition tot eh field and is useful both as a compendium of information in this area, and it also offers some new and insightful analyses."--Robert M. Howard, Department of Political Science, Georgia State University
"Public Opinion and Constitutional Controversy offers an intriguing and accessible account of an important dynamic in American politics and should be of great interest to anyone fascinated by the proper role of a countermajoritarian institution in a democracy."--Harvard Law Review
"An invaluable resource that brings together public opinion data across a wide variety of controversial constitutional issues. A must read that challenges the belief that Supreme Court decisions invariably and powerfully influence public opinion."--Gerald N. Rosenberg, Associate Professor, Department of Political Science and Lecturer, University of Chicago Law School
"Sophisticated, insightful, and informative, this book is the most comprehensive study ever undertaken of the relationship between the Supreme Court and public opinion. Essential reading for anyone interested in how the Court reflects and shapes public opinion." --Michael J. Klarman, Bancroft-prize winning author of From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality
About the Author(s)
Nathaniel Persily is Professor of Law and Political Science at Columbia Law School. Jack Citrin is the Heller Professor of Political Science at the University of California, Berkeley. Patrick J. Egan is Assistant Professor of Politics at New York University.
