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List of Figures and Tables ix
Preface xi
Chapter 1 Introduction: The Public and Supreme Court Nominations 1
Changes in Attitudes toward Judicial Institutions 4
The Theory of Positivity Bias 7
Outlining the Chapters That Follow 14
Chapter 2 Knowing about Courts 17
Assessing Public Information about Law and Courts 19
Empirical Evidence of Mass Ignorance 20
Discussion and Concluding Comments 34
Appendix 2.A: Survey Design, The 2001 Survey 35
Chapter 3 The Popular Legitimacy of the United States Supreme Court 36
Theories of Institutional Legitimacy 38
Measuring Institutional Legitimacy 44
Accounting for Individual-Level Variability in Institutional Loyalty 49
Discussion 61
Chapter 4 Institutional Loyalty, Positivity Bias, and the Alito Nomination 63
The Confirmation of Samuel Alito to the Supreme Court 66
The Positivity Theory Hypotheses 69
Assessments of the Confirmation Process 71
The Models 72
Determinants of Confirmation Preferences 85
Discussion and Concluding Comments 93
Chapter 5 A Dynamic Test of the Positivity Bias Hypothesis 96
Applying the Theory of Positivity Bias to Confirmations 97
Measuring Change in Attitudes toward the U.S. Supreme Court 98
The Model of Change in Institutional Support 103
Findings 110
Discussion and Concluding Comments 119
Chapter 6 Concluding Thoughts, Theory, and Policy 121
Caveats, Puzzles, and Questions 125
Appendix A Survey Design: The 2005 Survey 129
Appendix B The Representativeness of the Panel Sample 131
Appendix C The Supreme Court and the U.S. Presidential Election of 2000: Wounds, Self-Inflicted or Otherwise? James L. Gibson Gregory A. Caldeira Lester Kenyatta Spence133
The Theory of Institutional Legitimacy 135
Institutional Loyalty in the Aftermath of the Election 139
Views of the Court's Opinion in Bush v. Gore 144
Discussion and Concluding Comments 156
Appendix C.1 Survey Design 158
Appendix C.2 Measurement 159
References 163
Index 175
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Theresa Murray
reviewed Citizens, Courts, and Confirmations: Positivity Theory and the Judgments of the American People on January 23, 2020
Citizens, Courts, and Confirmations: Positivity Theory and the Judgments of the American People
As a writer I've long assumed that First Amendment rights were enshrined in the Constitution. However, after readying Christopher M. Finan's history I realized for the first time just how tenuous those rights are in U.S. history. It is truly amazing to read a book that attempts to compile in one place all of the efforts to restrain free speech and the free press. I was familiar with many if not most of the individual incidents but to have them covered at one time certainly leaves an impression that there has been a segment of U.S. society willing to muzzle this freedom based on real or imagined threats.
My only reservation about the book is the quasi political bent it takes toward the more recent censorship efforts. I had the impression the author was attempting to make a political point that certain parties are more prone to abandon the First Amendment of the Constitution. Perhaps this is true although the treatment in this book compromises the unbiased quality of the historical research.
Books such as this one are a reminder the Constitution is under constant threat and requires constant vigilance by all citizens.
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