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Published byGilbert Ellis Modified over 6 years ago
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The Federal Court System and Supreme Court Decision Making:
The Supreme Court and Public Policy
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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
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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.
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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.
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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.
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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.
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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.
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