How does the power of judicial review make the Supreme Court a lawmaking body?
• Over the centuries, judges have developed “common law,” a body of rules and principles of interpretation that are not based on statutes, but on precedents and tradition. • In reviewing the actions of government, the Supreme Court interprets the very meaning of the Constitution and thereby become lawmakers in their own right. • Brown v Board of Education, Engle v Vitale, Gideon v Wainwright, Roe v Wade, and Baker v Carr are powerful examples of Supreme Court rulings dramatically affecting public policy. III. How does a case reach the Supreme Court? What shapes the flow of cases through the Supreme Court? • Pursuant to the Constitution, federal courts are courts of limited jurisdiction. • Specific rules have also been developed to govern which cases are reviewed by the Supreme Court. • The case must involve a “case and controversy,” the parties must have standing, the issue must not be moot, and the case must present a new question. • Parties who wish to have their cases reviewed by th
