In a chart, Identify factors that affect how the supreme court shapes the public policy, and name a major case that illustrates each factor.
Can’t do charts here.
Factors that affect how the Supreme Court shapes public policy include:
1. Ideological Composition:
- Major Case: Roe v. Wade (1973) - The Court's ideological composition influenced its decision to recognize a woman's constitutional right to terminate her pregnancy.
2. Judicial Activism vs. Restraint:
- Major Case: Brown v. Board of Education (1954) - The Court's activism in striking down racial segregation in public schools reflected its willingness to intervene in major social issues.
3. Legal Precedent:
- Major Case: Miranda v. Arizona (1966) - The Court established the "Miranda rights" based on legal precedent, ensuring suspects are aware of their rights during police interrogations.
4. Public Opinion:
- Major Case: Obergefell v. Hodges (2015) - The Court's recognition of same-sex marriage reflected a societal shift towards acceptance and public opinion in favor of LGBTQ+ rights.
5. Presidential Appointments:
- Major Case: Citizens United v. Federal Election Commission (2010) - The Court's decision to allow unlimited campaign spending by corporations resulted from conservative justices appointed by Republican presidents.
6. Congressional Legislation:
- Major Case: National Federation of Independent Business v. Sebelius (2012) - The Court's decision to uphold most provisions of the Affordable Care Act (ACA) was influenced by congressional legislation prioritizing affordable healthcare.
7. Litigation Strategies:
- Major Case: Brown v. Board of Education (1954) - The strategic litigation and advocacy efforts of civil rights activists, such as Thurgood Marshall, helped shape the Court's decision to overturn school segregation.
Please note that these examples are not exhaustive, and each factor can play a complex role in different cases. Supreme Court decisions are influenced by a combination of factors, and their impact on public policy is often multifaceted and subject to interpretation.
To identify factors that affect how the Supreme Court shapes public policy and find major cases that illustrate each factor, you can follow these steps:
1. Research the Supreme Court's role: Understand the role of the Supreme Court in shaping public policy. The Court's decisions have a significant impact on society, as they interpret the Constitution and make rulings that become legal precedents.
2. Identify factors: Next, consider various factors that influence the Court's decision-making process. Here are some key factors to focus on:
a. Judicial philosophy: Different justices have varying ideologies and interpret the Constitution differently. Conservative or liberal-leaning justices may shape their decisions based on their personal philosophies.
b. Legal precedent: The Supreme Court often looks at previous court cases when making decisions. Precedents play a crucial role as they guide the Court's interpretation and application of the law.
c. Public opinion: Public opinion can influence the Court's decisions indirectly. The Court might be mindful of evolving societal values and seek to reflect them in its rulings.
d. Political climate: The political context in which the Court operates can impact its decisions. Changes in the composition of the court, political pressure, or the ideological leanings of the President who appointed the justices can all play a role.
e. Litigation strategy: The strategies employed by lawyers arguing a case before the Court can significantly impact the outcome. They might choose to highlight specific legal arguments, precedents, or public sentiment to shape the Court's perspective.
3. Research major cases: Once you understand these factors, research major cases that exemplify each factor. Here are a few examples:
a. Judicial philosophy: Citizens United v. FEC (2010) - Illustrates the conservative-leaning majority's view on campaign finance reform and free speech rights.
b. Legal precedent: Roe v. Wade (1973) - Established a constitutional right to abortion, overturning previous state laws and setting a legal precedent on reproductive rights.
c. Public opinion: Obergefell v. Hodges (2015) - Ruled that same-sex marriage is a fundamental right, taking into account growing public support.
d. Political climate: Bush v. Gore (2000) - The Court's intervention in the disputed presidential election displayed political implications, impacting public trust in the institution.
e. Litigation strategy: Brown v. Board of Education (1954) - The strategic arguments by Thurgood Marshall and the NAACP Legal Defense Fund successfully challenged racial segregation in public schools.
By following these steps and conducting further research, you can identify additional factors and corresponding major cases that demonstrate the Supreme Court's role in shaping public policy.