Rebecca Kay Bright, Author

Judicial Policymaking      We must remember that the Supreme Court’s job is to look at the laws and the cases in front of them and compare them with the Constitution. If the laws or a prior decision in a case is unconstitutional, it is the Supreme Court's job to find them so. What many see as the Supreme Court making laws is really the Supreme Court setting precedent. This action of taking into account a higher court’s (or another court’s) rulings and ruling similarly has been common in all courts that stem from the English court system model – we can see similar occurrences in British, Canadian, and Austrian courts as well as our own. The Supreme Court of the United States’ job is not to enforce laws or their rulings overall. The Supreme Court’s job is to set legal standards of law while enforcement falls into the jurisdiction of the executive branch and through the executive branch the various law enforcement agencies and the lower courts follow precedent.      On the subjec