Under the rubric of the governmental system of the United States of America, political and social constraints are, in theory, supposed to exist between the Executive, Legislative, and Judicial branches of the government. In practice, it is often the case that one branch or another is more powerful. Some believe that the Judicial Branch, especially its prime representation in the Supreme Court, is one of the most powerful forces in contemporary society.
However, one might ask how the decisions that the Supreme Court rule on are arrived at? Also, are there exacerbating factors that play a role within the system that places certain cases in front of the Court? In this paper, we will look at an overview of the Court itself, but will focus on the question: do interest groups play a role in the decisions of the Supreme Court? In dealing with the literature on the subject, the paper will first give a brief overview of the history and practices of special interest group, give an overview of the Supreme Court, and present a theory of pressure groups and the role they play within society and government. Proceeding from that line, we will then examine specific examples to see if special interest groups have had any affect on Supreme Court decisions in such areas as racial matters and the death penalty. Finally, the paper will conclude with a brief legacy of lobbyists, and will present some alternatives to the power they seem to hold on the American governmental system.
Traditionally, scholars often look at the size and make up of certain constituencies when attempting to explain political change in America (Kahn, 1982). One seminal interpretation on the differences between public and private power was offered by Grant McConnell (1966). This interpretation posits the notion that there is a lack of clear demarcation between public and private power. This is primarily due to the fact that the governmental system in the United States ...