Executive Power and Judicial Deference Judicial Decision Making on Executive Power Challenges in the American States

摘要: Judicial intervention is often required to define the boundaries of executive power. Although many separation powers analyses examine interaction courts and legislatures, few how design judicial institutions affect decision making in cases involving challenges power U.S. context. I argue that degree institutional vulnerability retaliation will have a significant impact on making. Using an original dataset American states between 1980 2010, find are more likely uphold environments where threat from high. The results this analysis indicate strength checks against depends broader relations authority, not just constitutional doctrine or culture.