The Federal Court System and Supreme Court Decision Making: The Supreme Court and Public Policy

Supreme Court and Public Policy: Main Idea: Introduction to the Supreme Court and Public Policy Notes: As the Supreme Court decides cases, it determines public policy in 3 ways: Judicial Review Interpreting the Law Overturning Precedents

Supreme Court and Public Policy: Main Idea: Judicial Review Notes: Judicial Review refers to the Supreme Court’s power to examine the laws and actions of local, state, and national governments and cancel them if they violate the Constitution.

Supreme Court and Public Policy: Main Idea: Judicial Review (cont’d.) Notes: Since 1803 (Marbury v. Madison), the Court has cancelled/invalidated over 150 provisions of federal law. The Supreme Court exercises judicial review most frequently at the state and local level Since 1789, the Court has overturned 1,270 state/local laws.

Supreme Court and Public Policy: Main Idea: Interpretation of the Law Notes: The Court also shapes public policy through interpreting the broad language used in the laws written by Congress. The way the Supreme Court interprets laws, sets precedents for future applications.

Supreme Court and Public Policy: Main Idea: Overturning Previous Precedents Notes: One of the basic principles of law in forming judicial decisions is stare decisis (“let the decision stand”). This means that once the Court rules on a case, its decision will then be a precedent to be referred back to in future, similar, cases.

Supreme Court and Public Policy: Main Idea: Overturning Previous Precedents (cont’d.) Notes: Since new Justices can be appointed, law can be flexible as new or future Justices can overturn a precedent by interpreting a law differently than it has been previously interpreted.