ABSTRACT
This chapter provides what Richard Funston called for in 1975: “an extended, systematic, historical examination”of the Supreme Court in periods of critical realignment. The Supreme Court of the United States is a political as well as a legal institution, and is affected by the long-term and short-term trends in American politics. Several hypotheses have been advanced to explain the Supreme Court’s behavior during periods of critical realignment. In the stable phase before a realignment, the majority of the justices take a moderate position on the constitutional questions related to the future critical issue. The key to understanding the behavior of the Supreme Court during periods of critical realignment is to examine the Court’s role in the process of realignment itself. In the heat of realignment politics, however, when the party system is polarizing around a critical issue, it seems to be very difficult for justices to remain above or outside the political fray.
