The Next Stop: The Information Theory in the Domestic Context

in The Judicial Power of the Purse

Published by University of Chicago Press

Published in print May 2011 | ISBN: 9780226771120
Published online March 2013 | e-ISBN: 9780226771151 | DOI:
The Next Stop: The Information Theory in the Domestic Context

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This chapter performs an out-of-sample investigation of the information theory of jurisprudence. The preliminary study revealed the information theory, with minor adjustments, substantially aids in forecasting how and why judges respond to macroeconomic trends. The theory suggested that Supreme Court justices perceive the state of the economy as a credible cue of federal policymakers' ability to manage the nation's resources. It is shown that the justices are not only theoretically capable of using a double-edged sword to support and undermine economic policy, but in fact, they do. Both Republican and Democrats displayed behavior forecast by the information theory, although certain variables exerted a stronger or lesser effect on each group. Finally, the data indicated that the justices will employ their Article II authority as a double-edged sword with respect to foreign policy matters, and also in the context of economic policymaking.

Keywords: information theory; jurisprudence; judges; Supreme Court justices; Republican; Democrats; Article II authority; foreign policy; economic policy

Chapter.  9892 words.  Illustrated.

Subjects: Constitutional and Administrative Law

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