The Supreme Court in Periods of Critical Realignment

Abstract

The Supreme Court played a major role in the process of critical realignment in all three periods studied (the 1850s, 1890s, 1930s). At a key moment in the developing realignment crisis, the Court was "captured" by its conservative wing and struck down an important piece of moderate legislation. By making centrist positions untenable, the Court facilitated the takeover of the major parties by their extremist factions. In two of the three periods, in turn, the Court found itself at the center of intense controversy and criticism.