Partisan Realignment, Unconstitutional State Policies, and the U.S. Supreme Court, 1837-1964

This research examines the 670 state statutes and constitutional provisions declared unconstitutional by the U.S. Supreme Court between 1837 and 1964. The theoretical approach is grounded in the theory of partisan realignment. The cases are analyzed along various dimensions including the legal-political issues involved, the relationship of these issues to the salient political questions surrounding realignment, as well as the partisan and regional origin of the overturned policies. The findings demonstrate that these issues have often constituted a majority of the Court's invalidation agenda. In addition, these salient policies were enacted almost exclusively by states whose partisan majorities differed from the dominant majority on the Court or from states that evidence ideological incongruence between the state and national party organizations. The Supreme Court's invalidation of state policies is closely connected with major political and systemic change.