The Power of the Supreme Court

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The Power of the Supreme Court
Part One Public Policy Judicial Philosophy
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Shaping Public Policy

• The justices must interpret the Constitution in
  regards to the issue
• They must decide what the language means of an
  act
• In a way, justices are making law when deciding
  how it applies to actions (not addressed by
  Congress)

Ex
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What is the most powerful policy tool?

• Tools
• Judicial review since has invalidated over 200
  federal laws and over 1000 state local!
• -can change the path of a nation (Dred Scott v.
  Sanford)
• -can springboard civil rights (Brown v. Board)

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Shaping Public Policy
Stare Decisis destructus?

• Interpretation of laws (discussed)
• Overturning decisions stare decisis, setting a
  precedent for other cases
• The law is flexible and adapts!
• Appointment justices philosophy similar to Prez.
• 25 stray Warren, Brennan, Souter

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Judicial Philosophy

• Early days, argument was about strict
  construction vs. loose construction
• Today it is on activism or restraint!
• Judicial activism the courts create new
  legislation
• Proponents say the court should play a role in
  shaping national policies and apply to social
  issues

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Judicial Philosophy

• Protection is justices job! (Ex look at how long
  it took to overturn separate, but equal!)
• Court needs to be watchdog
• -striking down death penalty cases for mentally
  retarded
• -striking down TX law that banned flag burning
• - Texas v. Johnson (1988)

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Judicial Philosophy

• Judicial restraint courts should avoid taking
  the initiative on social political questions
• Wishes of reps. a high priority
• Belief in founders intent

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Judicial Restraint
Nurse, let me die!

• Want to leave the development of new policies to
  others (2 branches states)
• Not responsibility (areas like affirmative
  action, state law)
• Facilitate, dont interfere
• ex. Courts ruled ag. Constitutional right of
  assisted suicide
• Dred Scott v. Sanford

(This has also become an issue of federalism!)
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What about the debate on weed, I mean, medicine?
Prop 215
What if an Act somewhat violates FEDERAL
law? Should the court STILL not get involved?
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Paired Reading

• Themed Collection Reading Judicial Review

End of Part 1
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• Part Two Trends in the Court

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Which justice most greatly affected policies of
SC?

• John Marshall credit for setting the course of
  the young SC
• Ruled that Judiciary Act was unconstitutional
• Judicial review est.

Marbury v. Madison 1803
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Justices effecting public policy

• Roger B. Taney (1836-1864)
• Dred Scott decision set the course for Civil War
• Court also established the right of prez to take
  away civil liberties in emergency
• (habeas corpus)

Respect the States rights!
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The importance of these two justices decisions

• Marshall and Taney Hippocampus

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Justices effecting public policy

• Economic issues (late 1800s)
• Prior to 1937 liberals complained of cons. court
  being too activist!
• Industrial- progressive eras
• Trust-busting,child labor, womens rights (court
  had struck down)
• FDR responds with Court-packing attempt in 1938
  (NOT OK)
• Courts start accepting ND policies

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FDRs Fireside chat to explain court packing
Whip around I will call on one row What was the
crisis argued in FDRs court-packing attempt?
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What other court advances liberal ideology?
(Hint 50s)

• Earl Warren Court 1953-1969
• Overturns separate but equal, expands rights of
  accused, civil rights liberties

Now cons. begin to complain that liberal court is
too active!
Warren Burger also activist, but less
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CJ Earl Warren
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Justices effecting public policy

• William Rehnquist 1986 - 2005
• Was the most cons. court in US history!
• Reversed some of the earlier Warren Burger
  decis.

Accused of being too activist, by liberals!
His stripes are fabulous!
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Sandra Day OConner
First female Supreme Court Justice
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What has been the direction of modern Court?

• Under Clinton, some of the conservatism was
  reversed
• Appointment of Ruth Ginsberg Stephen Beyer
• Turn towards center
• conservative activism?
• i.e. overturning CA Prop 215 Bush v. Gore
  2000
• GW Bush/Obama appointees

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Newer Justices
Under Bush
Samuel Alito
John Roberts
Under Obama
Elena Kagan
Sandra Sotomayor
So then is the Court liberal, conservative, or
moderate?
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In the news Reverse Discrimination. What is it?