Published online by Cambridge University Press: 16 July 2025
Does partisanship undermine the ability of courts to affect citizens’ attitudes? We introduce a dueling theoretical account to our own which suggests that citizens prioritize partisanship over constitutional rules when evaluating executive actions. We test these rival perspectives in Germany and the United States with a survey experiment that leverages the countries’ federal structures. We find that citizens of both countries are remarkably steadfast in their willingness to punish executives – including copartisans – for breaching constitutional limits and flouting court orders. Contrary to fears that partisanship is an overwhelmingly pernicious threat to the rule of law, we show that independent courts are resilient in their ability to cut through the binds of partisanship, to monitor executives, and coordinate public actions to reign in incumbent excess.
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