Abstract
As envisioned by the Constitutional framers, of the three branches of government—executive, legislative, and judicial—the first two were supposed to be the ones in which the public most actively participated. Indeed, throughout most of American history, the political branches have commanded more of the public’s attention and energies than has the judicial. But with the litigation explosion erupting in the late decades of the 20th century, the courts have increasingly drained public attention and involvement from the political process. In effect, the litigation process has subverted the political process. It is as though, through the litigation explosion, the courts have become the arena for the political involvement of society, with the act of suing superseding the act of legislating.
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Notes
Source: Committee for the Study of the American Electorate,
“Promises, Promises,” New York Times Magazine (January 29, 1995), p. 14.
Franklin Knoll, “Apathy on a Roll,” New York Times Magazine (October 16, 1994), p. 37.
Poll results were published in “Congress Fails the Grade,” New York Times (November 3, 1994), p. 10A.
Katharine Seelye, “Lawmakers Take Sour View as Session Totters to Close,” New York Times (October 1, 1994), p. 1A.
From a Time/CNN poll taken from August 31 to September 1, 1994 by Yan-kelovich Partners, Inc., reported in Keven Phillips, “Fat City,” Time (September 26, 1994): 55.
E. J, Dionne, Jr., Why Americans Hate Politics (New York: Simon and Schuster, 1991).
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Adam Clymer, “Rancor Leaves Its Mark on 103rd Congress,” New York Tittles (October 9, 1994), p. 1A.
David Rosenbaum, “A Likely Long-Term Effect of Census Ruling: More Litigation,” New York Times (August 10, 1994), p. 8A.
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Tamar Lewin, “New Anti-Abortion Move: Malpractice Suits,” New York Times (April 9, 1995), p. 1A.
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© 1997 Springer Science+Business Media New York
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Garry, P.M. (1997). A Litigation Democracy. In: A Nation of Adversaries. Springer, Boston, MA. https://doi.org/10.1007/978-1-4899-6604-9_6
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DOI: https://doi.org/10.1007/978-1-4899-6604-9_6
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