Chapter 12.2 SHAPING PUBLIC POLICY

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Presentation transcript:

Chapter 12.2 SHAPING PUBLIC POLICY The Supreme Court is a legal institution because it settles disputes and interprets the meanings of laws. It is also a political institution because it determines national policy when it applies the law to specific cases.

SHAPING PUBLIC POLICY Judicial Review The Supreme Court’s power to examine the laws and actions of local, state, and national governments. The Court established this power in the case of Marbury v. Madison. The Supreme Court also reviews presidential policies. In the case of Train v. City of New York (1974), the Court limited the president’s power to impound or refuse to spend, money that Congress had appropriated. Court have used judicial review to influence public policy; For example, the Court’s decision in Miranda v. Arizona (1966) brought major changes in law enforcement across the nation

Overturning Earlier Decisions Acts of Congress have come before the Court repeatedly for interpretation. These include the: A. Interstate Commerce Act B. Sherman Antitrust Act C. National Labor Relations Act A basic principle in making judicial decisions is stare decisis. This means “let the decision stand.” Once the Court rules on a case, it serves as a precedent, or model. It’s important because it makes the law predictable Laws need to adapt to times, therefor, laws need to be flexible.

Rules & customs limit the Court’s power to form policy The Court will hear only cases in which: A. The decision will make a difference. B. The person or group bringing the case must have suffered real harm, such as denial of civil liberties or economic loss. C. An important federal question is involved. The issue in the case must affect many people or the operation of the political system itself. D. The question involved cannot be resolved by the executive or legislative branches.

Limits The president’s power to appoint justices The Senate’s power to approve appointments Congress’s power to impeach and remove judges.

Shaping Public Policy Quiz established the power of judicial review limited the president’s power let the decision stand model for future decisions ruling on a law that has not been challenged in court A. advisory opinion B. stare decisis C. precedent D. Train v. City of New York E. Marbury v. Madison