On the Basis of Politics: Public Approval of the Supreme Court

Abstract

Over the last century, the Supreme Court’s decisions have become increasingly salient to the public, as they regard some of the most polarized topics in American politics. This has prompted serious concern for the institution’s legitimacy. What if citizens begin to view the Court as political as they do the Presidency and Congress? The judicial branch will then no longer be seen as possessing a distinct role in American politics—a role premised on the perception that the Court exercises legal rather than political reasoning. This study will use a survey to determine to what extent the approaches to constitutional interpretation are seen by the public as a proxy for ideology. It will further seek to discover whether average citizens can take their preferred approaches to interpreting the Constitution and apply them to Supreme Court case decisions. If findings reveal that the public consistently conflate ideology and interpretive stances, then the Court’s legitimacy in the public mind is increasingly contingent on politics itself rather than the Court’s ability to remain above politics as an independent institution.