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The Supreme Court does not issue laws. The purpose of the court is to interpret the laws, not create them. Making federal law is the responsibility of the Legislative branch, Congress, which comprises the Senate and the House of Representatives. The Supreme Court is the head of the Judicial branch; the Executive branch includes the President, Vice-President and cabinet members.
The Supreme Court only interprets the laws and the Constitution.
George Washington invited the first Supreme Court to issue opinions advising on laws under consideration by Congress. The court declined to do so, citing the language in the Constitution that limits its jurisdiction to "cases and controversies" and reasoning that pre-enactment advisory opinions would not involve real cases or controversies.
Since then, a law must be fully enacted before it can come to the court for constitutional review or, in other words, be a real case or controversy affecting real people.
Answer
Technically a court can only "interpret" the laws set forth by the legislature. However, some "activist" courts have taken it upon themselves to give a whole new meaning to the law, effectively enacting one that the legislature never intended.
Courts do have the power to invalidate laws if they are unconstitutional. Since this power was intended by the founders (see the Federalist Papers) that power can hardly be called "activist." Moreover, some people insist it is "activism" when the Supreme Court vindicates fundamental freedoms guaranteed in the Constitution. For example, when in 1954, the Supreme Court struck down school segregation laws for violating equal protection guaranteed in the Constitution, many people accused the court of activism because legislatures had failed to do the same.
The term "activist" is therefore a dangerous one to accept as descriptive of the court. In recent years, the conservative majority of the Supreme Court has reversed many long standing judicial precedents by issuing ruling that critics say have no other justifying virtue but that of applying rightwing political preference to all citizens through judicial Fiat.
The role of average citizens in this process may have been best expressed by future Supreme Court member Oliver Wendell Holmes Jr. who wrote in 1869 that judges decide cases on "the felt necessities of the times." In other words, you can expect justices coming from corporate law backgrounds to feel the necessities of the times from the perspective of corporate leaders and justices coming from civil rights backgrounds to see the felt necessities of the times from the perspective of the movement for civil rights they participated in. Justices who gained their seat by political services are likely to see felt necessities of times from the perspective of their sponsors. This is not always true, there are examples in history of exactly the opposite being true, but on today's court, examples of the justices described above can be found and used to fairly reliably predict how they will rule based on who the litigants are. Human reasoning, after all, takes place in the human context.
What else can I help you with?
What role does the supreme court play in the court system?
it acts as the final authority on the constitutionally of state and Federal Laws
Can a US Supreme Court justice propose a bill to Congress?
No, technically a court can only "interpret" the laws set forth by the legislature. However, some "activist" courts have taken it upon themselves to give a whole new meaning to the law, effectively enacting one that the legislature never intended.
What part does the Supreme Court play in lawmaking in the US?
The Supreme Court does not have a direct role in lawmaking in the United States. The Court's primary function is to interpret and apply the law, as well as to review the constitutionality of laws passed by Congress or actions taken by the executive branch. While the Court's decisions can have a profound impact on the development and interpretation of laws, it is ultimately Congress that has the power to make and amend legislation.
Which branch studies laws to make sure they are correct according to the Constitution?
The Judicial Branch study laws to see if they are correct according to the Constitution.
What was the supreme courts role in legalizing segregation?
The Supreme Court passed Brown v. The Board of Education in 1954; this case was pivotal in ending the 'separate, but equal' doctrine that had perpetuated segregation. It illuminated the fact that separate was inherently not equal.
What role does the Supreme Court play in the amendment process?
it proposes and passes amendments
Who are the people in the judicial branch?
The judicial branch oversees the court system of the U.S. Through court cases, the judicial branch explains the meaning of the Constitution and laws passed by Congress. The Supreme Court is the head of the judicial branch.
In which year did the supreme court play a significant role in deciding the victor in a contested election?
1876
What happens after Supreme Court justices appointed?
The justice must be approved by the senate.
What is enacting?
Enacting is the present participle of the word enact. Enact means to create a bill or law. Enact can also mean to act something out, such as in a play.
In which year did the Supreme Court play the most significant role in deciding the victor in a contested election?
2000
Who is the Commander of the Supreme Court of the judiciary in the US?
No. The US President is also Chief Commander of the Armed Forces (military) and head of the Executive Branch of government; the Chief Justice of the Supreme Court (or Chief Justice of the United States) is head of the Court during his (or her) term of office. The President cannot play a direct role in the operation of the Supreme Court under the doctrine of "separation of powers" because the Judicial Branch is an independent part of government.
