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On the Struggle for Judicial Supremacy

Publication ,  Journal Article
Knight, J; Epstein, L
Published in: Law & Society Review
1996

Given that democratization is an ongoing, dynamic process, what explains the emergence and maintenance of some types of political institutions and the decline of others? The answer, we argue, lies not in the intentional design of long-run constitutional principles but rather in the short-run strategic choices of political actors. While many would agree with this vision as applied to legislative or executive institutions, we claim that it is equally applicable to courts. After laying out our argument-a theory of institutional emergence and maintenance-in some detail, we test it by applying game theory to a critical moment in American history: the defining sequence of events for American presidential-court relations that played out between President Thomas Jefferson and Chief Justice John Marshall in the early 1800s. Our analysis allows us to assess factors fundamental to most explanations of the Jefferson-Marshall conflict: the political and institutional preferences of the actors (especially Jefferson's preferences over judicial review) and the larger political environment in which the conflict took place. It also provides important insights into how we might study other interinstitutional interactions, be they of historical moment or of future concern.

Duke Scholars

Published In

Law & Society Review

DOI

ISSN

0023-9216

Publication Date

1996

Volume

30

Issue

1

Start / End Page

87 / 120

Related Subject Headings

  • Criminology
  • 4804 Law in context
  • 4410 Sociology
  • 4402 Criminology
  • 1801 Law
  • 1608 Sociology
  • 1602 Criminology
 

Citation

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Knight, J., & Epstein, L. (1996). On the Struggle for Judicial Supremacy. Law & Society Review, 30(1), 87–120. https://doi.org/10.2307/3054035
Knight, J., and L. Epstein. “On the Struggle for Judicial Supremacy.” Law & Society Review 30, no. 1 (1996): 87–120. https://doi.org/10.2307/3054035.
Knight J, Epstein L. On the Struggle for Judicial Supremacy. Law & Society Review. 1996;30(1):87–120.
Knight, J., and L. Epstein. “On the Struggle for Judicial Supremacy.” Law & Society Review, vol. 30, no. 1, 1996, pp. 87–120. Manual, doi:10.2307/3054035.
Knight J, Epstein L. On the Struggle for Judicial Supremacy. Law & Society Review. 1996;30(1):87–120.
Journal cover image

Published In

Law & Society Review

DOI

ISSN

0023-9216

Publication Date

1996

Volume

30

Issue

1

Start / End Page

87 / 120

Related Subject Headings

  • Criminology
  • 4804 Law in context
  • 4410 Sociology
  • 4402 Criminology
  • 1801 Law
  • 1608 Sociology
  • 1602 Criminology