How the Supreme Court Shapes Public Policy

Slides:



Advertisements
Similar presentations
Chapter 12: Supreme Court Decision Making
Advertisements

Supreme Court Decision Making
American Government and Politics Today
The Supreme Court/ The Supreme Court at Work
How the Supreme Court Shapes Public Policy
Shaping Public Policy Chapter 12 Section 2.
Chapter 8.3 The United States Supreme Court. The Supreme Court Justices The main job of the nation’s top court is to decide whether laws are allowable.
* The head of the Judicial Branch is,___________ * Define jurisdiction:
The Judicial Branch. Goals of the Judicial Branch Article 3 lays out the rules for the Federal court system of the U.S. Federal courts hear cases involving.
Unit 4 The Judicial Branch The Third Quiz Review!.
Influence Characteristics Federal Court System Selection How it works?
T HE C OURT ’ S P ROCEDURES Submitting Briefs − Legal arguments on the case − Parties not directly involved may submit amicus curiae Oral Arguments The.
The Judicial Branch The Supreme Court Decision Making.
Chapter 8, Section 3 The Supreme Court. 1. How are Supreme Court justices selected? The president appoints the justices, with the consent of the Senate.
CONSTITUTION CHAPTER SECTION 2 US History. Formatting the Feds The Legislative Branch  Congress – the legislative branch that makes laws, levees taxes,
Judicial Branch. Article Three of the Constitution.
Government, Chapters 11 and 12 The Judicial Branch.
The United States Supreme Court Part 1. Main Job The main job of the Justices is to hear and rule on cases to decide whether laws are allowable under.
The United States Supreme Court
8.4 The Supreme Court at Work. Court Procedures The Supreme Court meets about 9 months each year, each term begins the first Monday in October and runs.
How the Supreme Court Shapes Public Policy. How Is Policy Made In U.S.? Congress –Passes laws –Passes appropriations bills President –Carries out laws.
Political Science American Government and Politics Chapter 13 The Judiciary.
American Government and Politics Today Chapter 15 The Courts.
CH 12 SEC 2 SHAPING PUBLIC POLICY I. TOOLS FOR SHAPING POLICY A.The Court determines policy in three ways: 1.Using judicial review 2.Interpreting laws.
FEDERAL COURT SYSTEM Chapter 16 p I.DUAL COURT SYSTEM 51 Courts Virginia State Courts 1.General District Cts. a. misdemeanors small crimes 2.Circuit.
Chapter 16. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating one.
The Supreme Court The court’s procedures – During two – week sessions, justices hear oral arguments on cases and then meet to make decisions on them. –
JEOPARDY The Judicial Branch.
Chapter 12: Supreme Court Decision Making
The role of the Judicial Branch is to …
The United States Supreme Court
The Federal Courts Chapter 19.
Government, Chapters 11 and 12
American Government and Politics Today
Supreme Court Decision Making
AP Government “Judicial Branch”
The Federal Court System and Supreme Court Decision Making:
Deciding Cases at the Supreme Court
The Judicial Branch Review
Chapter 8 The Judicial Branch
The United States Supreme Court 8-3
Bell Ringer Which SCOTUS decision covered so far was the most interesting or personally relevant to you? Why?
The US Supreme Court C & E. After a suit is brought to the Court, the Court can declare that law unconstitutional.
Courts The Constitution created one court in Article III
Shaping Public Policy Chapter 12.2.
Judicial Branch.
SC Decision Making.
7th Grade Civics Miss Smith *pgs Civics in Practice
Powers and Limitations of the Federal Courts
Chapter 12.2 SHAPING PUBLIC POLICY
The Federal Courts.
The Supreme Court.
THE FEDERAL COURTS STUDENT NOTES 10.2.
Unit 2 Chapter 12 Supreme Court Decision Making
The Federal Courts Chapter 16.
The Courts AP US Government.
The Judicial Branch: Shaping Public Policy
Unit 3 – Law & Order Day 2: Interpreting the Constitution
Supreme Court Powers AP Government - Spring 2012.
Chapter 12: Supreme Court Decision Making
* All images of the Supreme Court and protests from Wikimedia Images.
THE CONSTITUTION Judicial Review
Chapter 12 Notes Macdonald Government.
The Federal Courts Chapter 16.
The United States Supreme Court Part II
Powers of the Supreme Court
The Federal Courts Chapter 16.
8.4 The Supreme Court at Work
Unit 3 Chapter 12 Supreme Court Decision Making
Ch Shaping Public Policy
Presentation transcript:

How the Supreme Court Shapes Public Policy

How Is Policy Made In U.S.? 3 ways 1st 2nd Congress President Passes laws Passes appropriations bills President Carries out laws Draws up national budget 2nd

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

Judicial Review Marbury v. Madison 1803 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

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.

Judicial Review Examples 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

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.

Interpretation of Laws Example Interpretation of Laws 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 Example Interpretation of Laws 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

Interpretation of Laws Example 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. Lau v. Nichols (1974)

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.

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.

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.

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. 1st 2nd