caa a22 4500 386365482 CHVBK 20180307111931.0 cr unu---uuuuu 161130s1989 xx s 000 0 eng 10.1017/S0898588X0000064X doi S0898588X0000064X pii (NATIONALLICENCE)cambridge-10.1017/S0898588X0000064X Kahn Ronald Oberlin College Polity and Rights Values in Conflict: The Burger Court, Ideological Interests, and the Separation of Church and State [Elektronische Daten] [Ronald Kahn] I seek to counter a view commonly held by scholars that the Burger Court is pragmatic in its constitutional choices in contrast to the Warren Court, which is viewed as ideological. I propose a methodology to study the effects of process values and rights values held by members of the Burger Court on their decision making. To view its decision making as pragmatic, without awareness of underlying values of process and rights, results in an oversimplified view and leads to the unwarranted conclusion that the Burger Court is case-specific in making constitutional choices. I limit my discussion to separation of church and state cases, primarily in the area of aid to parochial education, because traditionally scholars have emphasized the pragmatic nature of Burger Court choices in this area. A finding of consistency of values in justices' orientations in this area suggests that the methodology reported here might have general utility in the study of Supreme Court decision making. Copyright © Cambridge University Press 1989 Studies in American Political Development Cambridge University Press 3(1989), 279-293 0898-588X 3<279 1989 3 SAP https://doi.org/10.1017/S0898588X0000064X text/html Onlinezugriff via DOI 1 research-article jats NATIONALLICENCE 856 40 https://doi.org/10.1017/S0898588X0000064X text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- Kahn Ronald Oberlin College NATIONALLICENCE 773 0- Studies in American Political Development Cambridge University Press 3(1989), 279-293 0898-588X 3<279 1989 3 SAP CC0 http://creativecommons.org/publicdomain/zero/1.0 nationallicence BK010053 XK010053 XK010000 NATIONALLICENCE NATIONALLICENCE NL-cambridge