THE SEPARATION OF POWERS, COURT-CURBING AND JUDICIAL LEGITIMACY ERRATUM

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This article corrects:


    In “The Separation of Powers, Court Curbing, and Judicial Legitimacy“ (American Journal of Political Science 53 (4): 971-89 (2009)), there is a slight error in the proof of Proposition 3. Specifically, Congress's C's payoff from deviating to a pure strategy, math formula should be given by math formula. C's strategy from playing a pure strategy math formula is given by math formula. Thus, the mixing probability that makes C indifferent between playing math formula and math formula is math formula. This probability holds for all math formula. Thus, the equilibrium characterized in Proposition 3 exists for all math formula.

    Note that this correction does not affect the substantive interpretation of the model or the empirical implications derived. In the article, analysis was constrained to the case where math formula. Thus, for low values of p, specifically math formula, it was claimed that three equilibria exist. For math formula, there exists a separating equilibrium in which the Court always makes a constrained decision upon observing Court curbing. For math formula, there exists a semi separating equilibrium in which the Court probabilistically makes a constrained decision upon observing Court curbing. For math formula, it was asserted there exists a pooling equilibrium in which the Court never makes a constrained decision upon observing Court curbing. The comparative static derived was that as math formula increases—as the Court and Congress become more ideologically divergent—the Court should be less likely to make a constrained decision upon observing Court curbing. The algebraic correction reveals that the semi separating equilibrium holds for all math formula, and the restriction that math formula is not necessary. However, the probability with which the Court makes an unconstrained decision upon observing Court curbing math formula, math formula, is increasing in math formula. Thus, the prediction that judicial restraint in response to Court curbing should decrease as Congress becomes more ideologically divergent from the Court continues to hold.

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