Impact Studies and Supreme Court

: Impact Studies and Supreme Court Policy-Making

There has been considerable debate over whether the Supreme court has had a significant impact upon the policy-making of the United States government. Under a popular view, the court has had a considerable impact, setting policy sometimes in contradiction of popular opinion and a legislative majority. Some say that this has given the Court an anti-democratic role, making it more powerful than the other branches. Others assert that the Court has acted as a protector of minority rights against the tyranny of the majority.

These assumptions have not always been borne out be studies, however. Analysts point out that it can be difficult to determine whether any particular Court decision coincides with a national majority. In the first place, scientific polls were not conducted prior to the last half of the Twentieth Century. This means that there is no evidence for coincidence throughout the first 150 years of the Court's existence. Second, even the results of national elections are of dubious value in this area. Elections generally have shown the opinion of only 40% to 60% of the adult population.

One way to roughly determine whether a particular Court decision was at odds with a national majority is to look at the legislation which was invalidated by the Court. From its inception to the late 1970s, the Court struck down more than ninety provisions of federal law as unconstitutional. These provisions were, of cours

Related Essays

Impact of Juvenile Transfer on Adult Court Processes The Impact of Juvenile Transfer on Adult Court Processes A .... and Gainey (2000) stated that studies of sentencing .... In 1988, the US Supreme Court ruled that capital .... (3106 12 )

The Impact of Juvenile Transfer on Adult Court Process The Impact of Juvenile Transfer on Adult Court Processes A .... and Gainey (2000) stated that studies of sentencing .... In 1988, the US Supreme Court ruled that capital .... (3106 12 )

Impact of Illegal File Sharing on Music Industry .... on piracy" takes a look at the impact of the .... doing this on the basis of the Supreme Court decision in .... statistics are unclear but that many studies suggest that .... (1057 4 )

Impact on Society of Juveniles Tried as Adults .... However, studies show that juveniles serve longer sentences .... Projected Impact on California Courts The number of .... cited in Philip Cardosa, "Supreme Court Says It .... (3524 14 )

Impact on Nursing of Health Care Changes CHANGES IN HEALTH CARE-IMPACT ON NURSING The .... Wick (1995) comment on the Supreme Court's decision (1994 .... from these standards in research studies, and suggestions .... (1733 7 )

n those involving federal legislation, for they have included the most important cases in Constitutional jurisprudence. Among the state and local statutes struck down were those mandating racial segregation, prohibiting certain types of speech, and prohibiting abortion. Some might say that these are too difficult to measure because they involved only local majorities. However, the subject matters of these laws were among the most controversial in the nation. Studies attempting to measure the Court's compliance with popular feeling have tended to show that the Court has taken a more important policy-making role than previously assumed. The areas in which the Court has had the most effect on policy are individual rights and liberties, speech (particularly obscenity), race relations, and criminal procedure. In particular, the Court was instrumental in creating policy in the area of race relations. The segregation statutes struck down by the Court were backed by solid majorities throughout much of the country and the Court's initial decisions were usually met with stiff opposition. However, the national consensus in this area changed over time, and the Court was instrumental in leading this change. In the area of criminal p

Category: Government - I