What are the supreme courts tools for shaping policy?

Answer 1

Judicial Review

Definition:

the idea, fundamental to the US system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch. Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the

Example: The Court has authority over state laws as well as Federal Laws. In the case Brown v. Board of Education of Topeka, the Court held that laws requiring or permitting racially segregated schools in four states were unconstitutional. The Brown decision cleared the way for the end of segregated schools throughout the nation.

Interpretation of Laws

Definition:

fundamental to the process and Practice of Law. Interpretation takes place whenever the meaning of a legal document must be determined. Lawyers and judges search for meaning using various interpretive approaches and rules of construction. In constitutional and statutory law, legal interpretation can be a contentious issue.

Example: The Civil Rights Act of 1964 prohibits discrimination on the grounds of "race, color, or national origin" in any program receiving federal aid. In the case Lau v. Nichols, the court interpreted the law to require that schools provide special instruction in English to immigrant students.

Overturning Earlier Decisions

Definition:

Law To invalidate or reverse earlier decisions

Example: In 1928 the court ruled in Olmstead v. United States that wiretaps on telephone lines were legal. In 1967, however, in Katz v. United States, the Court overturned the Olmstead decision, ruling that a wiretap was a search and seizure under the Fourth Amendment and required a court order.