Citation

State Supreme Courts, State Agencies, and Gubernatorial Power over the State Executive Branch

Abstract | Word Stems | Keywords | Association | Citation | Similar Titles




STOP!

You can now view the document associated with this citation by clicking on the "View Document as HTML" link below.

View Document as HTML:
Click here to view the document

Abstract:

Currently, an abundance of research analyzes the impact of state political and institutional environments on state supreme court decision-making. However, little research exists on the adjudicatory relationship between state supreme courts and the state executive branch. Governors across the country possess varying amounts of institutional authority over the agencies which comprise their executive branch. Examples of gubernatorial power over the executive branch include appointment power, budgetary power, and agency rule review power. One important factor that affects state supreme court decision-making on certain issues is the institutional capacity for retaliatory response from political elites. Retaliatory responses include legislative revision or constitutional amendments to override court decisions. Along these lines, the institutional capacity and power of the governor over the executive branch could also affect the degree of deference from state supreme courts. I argue that institutional control over the state executive branch by the governor can create a politically threatening environment for justices if increased control over the executive branch makes it easier for governors to ignore and evade implementation of decisions involving state agencies. Conversely, fragmentation of executive branch authority could cause justices to be less attentive to gubernatorial preferences because of increased difficulty of policy retaliation from the governor. Using cases from the Brace and Hall Database, I show that state supreme courts are more likely to rule in favor of state administrative agencies in states where the governor has increased appointment control over agency leadership and the power to review agency rules.

Most Common Document Word Stems:

execut (11), state (8), branch (6), agenc (5), increas (5), power (4), governor (4), defer (3), suprem (3), control (3), judici (3), court (3), rule (2), institut (2), review (2), make (2), appoint (2), offici (2), administr (2), threat (1), countri (1),
Convention
Need a solution for abstract management? All Academic can help! Contact us today to find out how our system can help your annual meeting.
Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf.Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets!
Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more!Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering.
Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more!Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches!
Click here for more information.

Association:
Name: Southern Political Science Association
URL:
http://www.spsa.net


Citation:
URL: http://citation.allacademic.com/meta/p455830_index.html
Direct Link:
HTML Code:

MLA Citation:

Johnson, Gbemende. "State Supreme Courts, State Agencies, and Gubernatorial Power over the State Executive Branch" Paper presented at the annual meeting of the Southern Political Science Association, Hotel InterContinental, New Orleans, Louisiana, Jan 05, 2011 <Not Available>. 2014-11-26 <http://citation.allacademic.com/meta/p455830_index.html>

APA Citation:

Johnson, G. , 2011-01-05 "State Supreme Courts, State Agencies, and Gubernatorial Power over the State Executive Branch" Paper presented at the annual meeting of the Southern Political Science Association, Hotel InterContinental, New Orleans, Louisiana Online <APPLICATION/PDF>. 2014-11-26 from http://citation.allacademic.com/meta/p455830_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Currently, an abundance of research analyzes the impact of state political and institutional environments on state supreme court decision-making. However, little research exists on the adjudicatory relationship between state supreme courts and the state executive branch. Governors across the country possess varying amounts of institutional authority over the agencies which comprise their executive branch. Examples of gubernatorial power over the executive branch include appointment power, budgetary power, and agency rule review power. One important factor that affects state supreme court decision-making on certain issues is the institutional capacity for retaliatory response from political elites. Retaliatory responses include legislative revision or constitutional amendments to override court decisions. Along these lines, the institutional capacity and power of the governor over the executive branch could also affect the degree of deference from state supreme courts. I argue that institutional control over the state executive branch by the governor can create a politically threatening environment for justices if increased control over the executive branch makes it easier for governors to ignore and evade implementation of decisions involving state agencies. Conversely, fragmentation of executive branch authority could cause justices to be less attentive to gubernatorial preferences because of increased difficulty of policy retaliation from the governor. Using cases from the Brace and Hall Database, I show that state supreme courts are more likely to rule in favor of state administrative agencies in states where the governor has increased appointment control over agency leadership and the power to review agency rules.


Similar Titles:
Courts and Executive Authority: Judicial Decision-Making on Executive Power Challenges in the United States

Struggling to Control the State: Conservative Courts and Deference to Administrative Power.”

Are State Supreme Courts Biased: The Effect of Judicial Selection Institutions on State Supreme Court Outcomes

Judicial Influence on the Executive Branch: How the Prospect of Judicial Review Shapes Bureaucratic Decision Making


 
All Academic, Inc. is your premier source for research and conference management. Visit our website, www.allacademic.com, to see how we can help you today.