How the
Supreme Court
Shapes
Public Policy
How Is Policy Made In U.S.?
The Supreme Court
– Uses judicial review to determine
constitutionality
– Interprets the meaning of laws
– Overrules or reverses its previous
decisions
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
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
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.
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
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.
End Here
Judicial Review
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
How Is Policy Made In U.S.?
• Congress
– Passes laws
– Passes appropriations bills
• President
– Carries out laws
– Draws up national budget
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.
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.
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
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)