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No, they can only apply it and interpret it. Even the Supreme Court is only capable of finding a law Constitutional or Unconstitutional. Only the Legislature can make, or change laws. ==A Different Perspective== The courts cannot change statutory or constitutional law, except to the extent that "interpreting" a statute or the Constitution changes it. Interpretation does change the law. Until Miranda v. Arizona, police did not have to warn suspects in custody of their rights. Until Mapp v. Ohio, the 4th Amendment, which guards against unreasonable searches and seizures, didn't apply to the States. The current Court's 6th Amendment jurisprudence is a good example. Constitutional criminal procedure has changed significantly while the 6th Amendment remains unchanged. Politicians and courts play a game that sets up strict divisions that are not truly existent. Despite what the separation of powers provision of the Constitution says, the practical effect of being able to "interprete" a statute is being able to change the law. Whenever the court interpretes the law it changes it. The court tells us what the Constitution means. Through the act of interpreting statutes it is the Court that brings the law to life. In discussions regarding courts changing the law, the Common Law is often forgotten. Courts can and do change Common Law, which they created in the first place, where that law has not been codified.

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14y ago
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9y ago

The US Supreme Court is not a legislative body (like Congress), and does not enact (or pass) laws; however, their decisions carry the rule of law, and may alter lower court decisions. Law made by judicial interpretation is called common law.

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11y ago

NO____ but they did today 06/28/2012

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Q: Can the courts change law
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