These lectures provide a proper theoretical clarity for what “attitudinal theory” is on the Supreme Court, and what anecdotal evidence might support it. They also provide a well organized account of the competitor theory, called “institutionalism.” This module is therefore about competing theories of judicial choice. Students learn not only how the idea of a constrained Supreme Court works, and what Alexander Hamilton and Ronald Dworkin contributed to this understanding, and what the data on polarization and consensus in SCOTUS suggests about which theory may be more correct.

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