Congress, the Supreme Court, and the Flag

Abstract

Congress frequently seeks to reverse the policies of the U.S. Supreme Court. Much is known about the circumstances in which lawmakers confront the Court and whether they are likely to succeed. Still, we do not know how individual members of Congress make these decisions. Why do some mem bers defer to judicial policymaking, while others openly oppose it? The case of the Flag Protection Amendment of 1990, considered in response to the Court's decisions on the issue of flag burning, provides an illustrative setting in which to examine this question. Despite evidence that congres sional reaction to judicial policy is distinctive, our model of the vote sug gests that the nature of institutional conflict does not shape the decision. Rather, members largely reflect ideological and constituent preferences when deciding whether to reverse the Court.