The Judicial Branch: Shaping Public Policy

The Supreme Court is both a political and legal institution. Legal refers to the Supreme Court’s responsibility to settle disputes involving the law. Political refers to its ability to interpret, or define what laws actually mean. When laws are interpreted, it shapes American POLICY.

Tools for Shaping Policy To put it in perspective, Congress shapes policy by making laws. The President shapes policy by enforcing laws. The Supreme Court determines policy by: 1. Using Judicial Review 2. Interpreting the meaning of laws 3. Overruling or reversing previous decisions

Tools for Shaping Policy Judicial Review: The ability of the Supreme Court to examine the laws of local, state, and federal government, find if they are constitutional or not, and cancel them if they are unconstitutional. Established with Marbury v. Madison: The Supreme Court overturned the Judiciary Act of 1789 because the act wrongly gave the Supreme Court the power to issue an order to fix a problem. The Dred Scott case, in which a slave argued for his freedom, ended up overturning the Missouri Compromise that banned slavery in some states.

Tools for Shaping Policy Judicial Review and Civil Rights: Judicial review has most recently been used to significantly end segregation and discrimination at the state level. Brown v. Board of Education is the most significant of these cases. Miranda v. Arizona caused police to read you your rights.

Interpretation of Laws Congress often uses very vague and general terms in writing laws. Just as the Executive Branch must create rules to define laws, the Supreme Court also shapes them by how they define them. Example: The Americans with Disabilities Act of 1990 banned discrimination at people’s jobs, housing, and “places of public accommodation.” The PGA, or Professional Golf Association once required golfers to walk the course during events. Golfer Casey Martin argued that he should be permitted to use a golf cart because he has a degenerative leg disease. He argued and won his case, and this simple matter of golf has caused changes elsewhere in society.

Overturning Earlier Decisions Usually, when a court decides on a case, its decision stands as an example, or precedent, of how the law ought to be applied. This avoids the problem of activities becoming legal or illegal at the drop of a hat because a judge simply changes their mind. The power to overturn rulings allows the Court, laws, and Constitution to be flexible. One important justice once said “Wisdom to often never comes, and so one ought not to reject it merely because it comes late.”

Overturning Earlier Decisions This flexibility often comes because justices do die, or retire, and step down. This allows new minds to take office. Brown v. Board of Education overturned the Plessy v. Ferguson decision to ban official segregation based on race.

Limits on the Supreme Court The Supreme Court rarely hears cases that do not involve US domestic policy or the US Constitution. The Court hears only cases that will make a difference in the country. The Court will not give an advisory ruling, or advice on a law that has not been challenged in court. The person bringing the case must have suffered real harm. The Court attempts to stay out of politics.

Limits on the Supreme Court The Court also must pick from cases that can be enforced, because they do not have the power to do so. President Andrew Jackson once said “(Chief Justice) John Marshall has made his ruling, now let him enforce it” in regards to a decision that he did not like.