How theSupreme Court

ShapesPublic Policy

How Is Policy Made In U.S.?

• Congress– Passes laws– Passes appropriations bills

• President– Carries out laws– Draws up national budget

• The Supreme Court– Uses judicial review to determine

constitutionality

– Interprets the meaning of laws

– Overrules or reverses its previous decisions

How Is Policy Made In U.S.?

Judicial Review

The power to examine the laws and actions of local, state and national governments and to cancel them if they violate the Constitution.

Marbury v. Madison 1803

Throughout U.S. history, the Supreme Court has only ruled about 200 federal laws unconstitutional.

But each of these 200 cases had a major impact on public policy.

Judicial Review

The Supreme Court has ruled over 1000 state and local laws to be unconstitutional.

This power to review state and local laws has been felt most strongly in the area of civil rights.

Brown vs. Board of Education of Topeka (1954)

Miranda vs. Arizona (1966)

Judicial Review

Interpretation of Laws

Congress often uses very general language in writing laws. This leaves it up to the President or Supreme Court to apply the law to a specific situation.

Americans with Disabilities Act of 1990(Using general language, this law prohibits discrimination on the basis of disability in places of public accommodation)

Therefore, the PGA has to provide accommodations for disabled spectators.

But does the PGA have to provide accommodations for disabled players?

Interpretation of Laws

Court ruled PGA must accommodate Casey Martin by allowing him to ride in a golf cart during the tournament.

This ruling could affect playersin many different kinds of sports.

Interpretation of Laws

Civil Rights Act of 1964(Prohibited discrimination based on race, color, or national origin.)

Supreme Court required schools to provide special instruction in English to immigrant students and this became the basis for classes taught in Spanish.

Interpretation of Laws

In the end, the Supreme Court decides what Congress meant when it passed a law.

The impact of the Supreme Court’s rulings are felt across the nation.

Interpretation of Laws

Overturning Earlier Decisions

Latin – “let the decision stand”

Once the Supreme Court rules on a case, the decision becomes a precedent on

which to base other decisions.

This makes the law predictable.

• Justices are appointed for life but not forever.

• As justices die or retire, new justices may have a different opinion on an issue.

• Times change and the Court may shift its position over time.

Overturning Earlier Decisions

Limits on Types of Cases

The Supreme Court will only hear cases that meet certain criteria:– The decision must make a difference.– The person or group bringing the case must

have suffered real harm.– The case must involve a substantial question.– The Court refuses to deal with political

questions.

Limited Control Over Agenda

Always remember:

The Supreme Court cannot create the cases. It can only react to cases brought before the Court.

The Supreme Court has no enforcement power.