Public Opinion and the Legislative Process

Frank V. Cantwell

American Political Science Review, 1946, vol. 40, issue 5, 924-935

Abstract: The rôle played by public opinion in a democracy, particularly as it affects the legislative process, has long been a subject for speculation by political scientists. The advent of controlled quota sampling permits of the study of this important relationship in measurable terms. The object of the present discussion is to trace the interaction of public opinion and the executive and legislative branches of government as they have dealt with a single public question—reorganization of the Supreme Court, as presented to Congress for consideration by President Roosevelt on February 5, 1937. Enlargement of the Supreme Court from nine to fifteen members was the most controversial feature of the general reorganization of the federal judiciary proposed by the President, aimed at speeding up the process of clearing cases through the federal court system, and making the system more “representative” of the wishes of the people.The debate on enlargement of the Supreme Court provides a useful and interesting case study for several reasons. The case as a public issue has a definite beginning and end, ranging from the proposal of the judiciary reform bill by the President on February 5 to the death of Senator Joseph T. Robinson on July 14, 1937. As it was debated by public and legislators, the issue was a relatively clear-cut one, uncomplicated by side issues or utterly foreign events that might have influenced the course of either legislators or the public. Finally, and of decided importance, the American Institute of Public Opinion made weekly measurements of opinion toward the proposal during the entire period that reorganization of the Court was a public question. This permits the correlation of reliable opinion samplings with events in the debate and the observation of their relationship.

Date: 1946
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