Understand how the role of the judicial branch in policymaking differs from the roles of the legislative and executive branches
Understand the three core roles played by courts in policymaking: constitutional referee, interpreter, and rights protector
Understand critical structural features of the judicial branch
Understand the concepts of separation of powers, judicial review, and institutional competence
Appreciate the importance of the states’ police power in health policymaking
Define the Constitution’s supremacy clause
Identify the three most common areas of disputes requiring courts to act as referees
The Core Roles of Courts
Constitutional referees: decide whether a branch of government has acted within the scope of its constitutional authority
Interpreters: clarify the meanings of laws
Rights protectors: vindicate or reject the legal or constitutional rights of parties
Roles are not mutually exclusive
Judicial decisions affect public/private sectors
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