Overemphasis on the Constitution

Oct 13, 2025 by wbrum.org 47 views

Understanding the Supreme Court's Decision-Making Process: A Closer Look at the Legal Model

The Supreme Court of the United States is the highest court in the land, and its decisions have a significant impact on the country's laws and policies. For decades, scholars and legal experts have sought to understand the factors that influence the Court's decisions. One of the most widely accepted models is the Legal Model, which argues that the Constitution and precedent are the most important factors that influence Supreme Court justices' decisions.

What is the Legal Model?

The Legal Model, also known as the "judicial behavior" approach, was first introduced by Glendon Schubert in the 1960s. According to this model, Supreme Court justices are primarily motivated by a desire to interpret the law and apply it to the cases before them. The Legal Model posits that justices are guided by a set of principles and rules that are embedded in the Constitution and the Court's precedents.

Key Components of the Legal Model

The Legal Model has several key components that are essential to understanding its arguments. These include:

The Constitution: The Legal Model emphasizes the importance of the Constitution as the foundation of the Court's decisions. Justices are seen as interpreters of the Constitution, and their decisions are guided by its principles and provisions.
Precedent: The Legal Model also highlights the significance of precedent in shaping the Court's decisions. Precedents are established by previous Court decisions, and they provide a framework for justices to apply to new cases.
Judicial restraint: The Legal Model is associated with the concept of judicial restraint, which holds that the Court should interpret the law narrowly and avoid making policy decisions.
Neutral judicial decision-making: The Legal Model assumes that justices are neutral and impartial, and that their decisions are based on a careful consideration of the law and the facts of the case.

How Does the Legal Model Explain Supreme Court Decisions?

The Legal Model provides a framework for understanding how Supreme Court justices make decisions. According to this model, justices are guided by a set of principles and rules that are embedded in the Constitution and the Court's precedents. When a case comes before the Court, justices will consider the relevant constitutional provisions and precedents, and apply them to the facts of the case.

Comparison with Other Models

The Legal Model is often contrasted with other models of Supreme Court decision-making, such as the Attitudinal Model and the Strategic Model. While these models also attempt to explain the Court's decisions, they differ from the Legal Model in several key ways.

The Attitudinal Model: This model argues that justices are motivated by their personal attitudes and values, and that their decisions are influenced by their ideological leanings.
The Strategic Model: This model posits that justices are strategic actors who seek to achieve their goals by manipulating the Court's decisions.

Criticisms of the Legal Model

While the Legal Model has been influential in shaping our understanding of the Supreme Court's decision-making process, it has also been subject to several criticisms. Some of these criticisms include:

Overemphasis on the Constitution: Critics argue that the Legal Model places too much emphasis on the Constitution, and that it neglects the role of other factors, such as politics and ideology, in shaping the Court's decisions.
Failure to account for judicial discretion: The Legal Model assumes that justices are bound by the Constitution and precedent, but it fails to account for the significant discretion that justices have in interpreting the law.
Lack of empirical support: Some critics argue that the Legal Model lacks empirical support, and that it is based on a flawed assumption that justices are motivated by a desire to interpret the law.

Conclusion

The Legal Model is a widely accepted framework for understanding the Supreme Court's decision-making process. According to this model, the Constitution and precedent are the most important factors that influence Supreme Court justices' decisions. While the Legal Model has been influential in shaping our understanding of the Court's decisions, it has also been subject to several criticisms. As we continue to study the Supreme Court's decision-making process, it is essential to consider the strengths and limitations of the Legal Model, and to develop a more nuanced understanding of the factors that influence the Court's decisions.

References

Schubert, G. (1965). The Judicial Mind: Attitudes and Decisions in Public Law. New York: Harper & Row.
Segal, J. A., & Spaeth, H. J. (2002). The Supreme Court in the American System. New York: Cambridge University Press.
Epstein, L., & Knight, J. (1998). The Choices Justices Make. Washington, D.C.: CQ Press.

Further Reading

The Supreme Court: A Very Short Introduction by Richard A. Posner
The Oxford Handbook of the U.S. Supreme Court edited by Lee Epstein, Andrew D. Martin, and Kevin M. Quinn
The Supreme Court and the Constitution by Erwin Chemerinsky
Frequently Asked Questions: The Legal Model and Supreme Court Decision-Making

The Legal Model is a widely accepted framework for understanding the Supreme Court's decision-making process. However, there are many questions that scholars and legal experts have about this model. In this article, we will answer some of the most frequently asked questions about the Legal Model and Supreme Court decision-making.

Q: What is the main difference between the Legal Model and the Attitudinal Model?

A: The main difference between the Legal Model and the Attitudinal Model is the way that justices are motivated to make decisions. The Legal Model assumes that justices are motivated by a desire to interpret the law and apply it to the facts of the case, while the Attitudinal Model argues that justices are motivated by their personal attitudes and values.

Q: How does the Legal Model account for the role of politics in Supreme Court decision-making?

A: The Legal Model assumes that politics plays a limited role in Supreme Court decision-making. According to this model, justices are guided by a set of principles and rules that are embedded in the Constitution and the Court's precedents. While politics may influence the Court's decisions, it is not the primary motivator.

Q: Can the Legal Model explain why the Supreme Court has become more politicized in recent years?

A: The Legal Model is not well-equipped to explain the recent politicization of the Supreme Court. This model assumes that justices are motivated by a desire to interpret the law, but it does not account for the role of politics and ideology in shaping the Court's decisions.

Q: How does the Legal Model account for the role of judicial discretion in Supreme Court decision-making?

A: The Legal Model assumes that justices have a significant amount of discretion in interpreting the law, but it does not provide a clear explanation of how this discretion is exercised. According to this model, justices are guided by a set of principles and rules that are embedded in the Constitution and the Court's precedents, but they also have the ability to make decisions that are not strictly bound by these principles.

Q: Can the Legal Model explain why the Supreme Court has made decisions that are unpopular with the public?

A: The Legal Model is not well-equipped to explain why the Supreme Court has made decisions that are unpopular with the public. This model assumes that justices are motivated by a desire to interpret the law, but it does not account for the role of public opinion in shaping the Court's decisions.

Q: How does the Legal Model account for the role of precedent in Supreme Court decision-making?

A: The Legal Model assumes that precedent plays a significant role in shaping the Court's decisions. According to this model, justices are guided by a set of principles and rules that are embedded in the Court's precedents, and they use these precedents to inform their decisions.

Q: Can the Legal Model explain why the Supreme Court has made decisions that are inconsistent with its own precedents?

A: The Legal Model is not well-equipped to explain why the Supreme Court has made decisions that are inconsistent with its own precedents. This model assumes that justices are guided by a set of principles and rules that are embedded in the Court's precedents, but it does not account for the role of judicial discretion and politics in shaping the Court's decisions.

Q: How does the Legal Model account for the role of the Constitution in Supreme Court decision-making?

A: The Legal Model assumes that the Constitution plays a central role in shaping the Court's decisions. According to this model, justices are guided by a set of principles and rules that are embedded in the Constitution, and they use these principles and rules to inform their decisions.

Q: Can the Legal Model explain why the Supreme Court has made decisions that are inconsistent with the Constitution?

A: The Legal Model is not well-equipped to explain why the Supreme Court has made decisions that are inconsistent with the Constitution. This model assumes that justices are guided by a set of principles and rules that are embedded in the Constitution, but it does not account for the role of judicial discretion and politics in shaping the Court's decisions.

Conclusion

The Legal Model is a widely accepted framework for understanding the Supreme Court's decision-making process. However, it is not without its limitations. This model assumes that justices are motivated by a desire to interpret the law, but it does not account for the role of politics and ideology in shaping the Court's decisions. As we continue to study the Supreme Court's decision-making process, it is essential to consider the strengths and limitations of the Legal Model, and to develop a more nuanced understanding of the factors that influence the Court's decisions.

References

Schubert, G. (1965). The Judicial Mind: Attitudes and Decisions in Public Law. New York: Harper & Row.
Segal, J. A., & Spaeth, H. J. (2002). The Supreme Court in the American System. New York: Cambridge University Press.
Epstein, L., & Knight, J. (1998). The Choices Justices Make. Washington, D.C.: CQ Press.

Further Reading

The Supreme Court: A Very Short Introduction by Richard A. Posner
The Oxford Handbook of the U.S. Supreme Court edited by Lee Epstein, Andrew D. Martin, and Kevin M. Quinn
The Supreme Court and the Constitution by Erwin Chemerinsky