The federal court system and supreme court decision making
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The Federal Court System and Supreme Court Decision Making:. The Supreme Court and Public Policy. 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:

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Supreme court and public policy
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


Supreme court and public policy1
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.


Supreme court and public policy2
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.


Supreme court and public policy3
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.


Supreme court and public policy4
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.


Supreme court and public policy5
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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