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Consider : How does the Supreme Court “make” policy?

Consider : How does the Supreme Court “make” policy?. The Last Word: Study for MC and Essay Exams. Chapter 9: AP Government and Politics. Toward Reform: Supreme Court Power and Policymaking. Supreme Court as Policymaker.

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Consider : How does the Supreme Court “make” policy?

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  1. Consider: How does the Supreme Court “make” policy? The Last Word:Study for MC and Essay Exams

  2. Chapter 9: AP Government and Politics Toward Reform: Supreme Court Power and Policymaking

  3. Supreme Court as Policymaker • When the Court determines that a law or executive action is unconstitutional, they are (in effect) making policy • That law, whatever its purpose, is now no longer able to be implemented, at least insofar as the executive and/or legislature are willing to follow the Court decision • This highlights another point of comparison between activists and originalists • Judicial conservatives would be more likely to give the elected representatives the benefit of the doubt when determining if a law violates the Constitution • Judicial activists would be more likely to strike down laws, impacting policy and society, if the judge believes that the law violates the Constitution

  4. Implementing Court decisions • All decisions depend on the other branches for enforcement • Judicial implementation refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to the lawsuit • Brown vs. Board of Ed • Decision was not popular in the South, and so state and local governments refused to enforce it • Took a second decision (Brown II) • Sometimes the effect of a decision might not even “trickle down” to everyday life, all across the country, for some time after the decision is made

  5. Questions to Consider: • What role do the courts play in policy making? • How do we know when the Court is “making policy?” • Should public opinion be considered when the judiciary makes policy decisions? • What are some of the advantages and disadvantages of judicial activism?

  6. McCutcheon vs. FEC • http://www.oyez.org/cases/2010-2019/2013/2013_12_536 • What ruling would be an example of judicial activism? • Judicial restraint?

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