How the Supreme Court Shapes Public Policy

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How theSupreme CourtShapesPublic Policy
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How Is Policy Made In U.S.?
3 ways
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• Congress
• Passes laws
• Passes appropriations bills
• President
• Carries out laws
• Draws up national budget

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How Is Policy Made In U.S.?
3rd

• The Supreme Court
• Uses judicial review to determine
  constitutionality
• Interprets the meaning of laws
• Overrules or reverses its previous decisions

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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

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Judicial Review

• 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.

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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)

Examples
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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.

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Interpretation of Laws
Example

• 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?

?
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Interpretation of Laws
Example
PGA Tour, Inc. v. Martin (2001)

• Court ruled PGA must accommodate Casey Martin by
  allowing him to ride in a golf cart during the
  tournament.
• This ruling could affect players
• in many different kinds of sports.

Casey Martin
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Interpretation of Laws
Example

• 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.

Lau v. Nichols (1974)
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Interpretation of Laws

• In the end, the Supreme Court decides what
  Congress meant when it passed a law.
• The impact of the Supreme Courts rulings are
  felt across the nation.

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Overturning Earlier Decisions
Stare Decisis

• 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.

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Overturning Earlier Decisions

• 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.

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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.

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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.

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