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What three ways can the Supreme Court determine public policy?

User Chwi
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Final answer:

The Supreme Court shapes public policy through its interpretations of the Constitution in its rulings, by making incremental changes to legislation over time, and by involving itself in cases related to foreign policy. Public opinion and societal changes can also influence the Court's decisions.

Step-by-step explanation:

The Supreme Court can determine public policy in several ways. First, the Court has the ability to shape policy through its rulings by interpreting the Constitution and existing laws, and by setting precedents in its decisions, which often have significant policy implications. For example, the Court's "one person, one vote" standard has dictated the rules for electoral districts. Secondly, although the Supreme Court typically refrains from outright overturning legislative acts, it can influence legislation by invalidating certain aspects of laws over time. This piecemeal approach allows the Court to implement changes that might align more closely with constitutional principles without being seen as confrontational towards the elected legislative body. Lastly, the Court also plays a role in foreign policy by hearing cases that involve foreign nations, treaties, and laws of the sea, shaping the nation's interactions and agreements with other nations.

While some view the Court as a neutral arbiter above the fray of political opinion, others note that it can be influenced by the court of public opinion, whereby societal changes and pressures can sway judicial interpretation to maintain the Court's relevance. Moreover, public opinion studies indicate that the Court's decisions may reflect majority opinion, especially in cases that do not receive intense media scrutiny.