Do Supreme Court decisions become law?

Question

I understand that when the Supreme Court decides on a case, it set precedent for future cases. However, when that decision is made does it then become law? E.g: Supreme Court deciding that burning the American Flag is allowable because it falls under the protection of the first amendment incorporated by the fourteenth. Then can legislation make a law banning flag burning if the court decided it was okay?

Answer 1

The Supreme Court does not make or write laws.

There job is to interpret laws and ensure the laws made by various legislatures are constitutional.

Using your example,
In the Texas vs. Johnson case (the supreme court case on flag burning)
Texas and 47 other states had a law against burning of the American Flag, the Supreme Court stated that these laws violate our First Amendment rights as stated in the Constitution.
btw, in this particular case Johnson's conviction was already overturned by the Texas Court of Criminal Appeals.


The legislature can make a constitutional amendment to essentially overturn a supreme court decision. But that ammendment would have to be ratified by 3/4 of the states before it would take effect.

Answer 2

The Supreme Court interprets laws or how law or the constitution applies to a situation, or at least that is what they are supposed to do, but with activist judges these days it is questionable. Precedent need not always be followed, the court can take a look at a case that may be similar or exactly like a previous case and decide that precedent set before is wrong or society has changed to a point where the law can or should be interpreted differently. Congress makes laws, or at least tries to. A simple high school government class should have taught you all this and more.

Answer 3

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Answer 4

The answer to your specific question of flag burning is that once the Supreme Court has made its ruling that flag burning is allowable, no legislation can be implemented to ban flag burning. The Supreme Court determines the constitutionality of actions, or in other words, interprets the US Constitution to modern day application. Any law that says burning the American flag is illegal would go against the Supreme Court ruling and therefore, the law would be considered unconstitutional.

Regardless, there are rules to free speech. For instance, the Klu Klux Klan is allowed to hold meetings and marches as long as they do not restrict the regular flow of traffic and as long as they get a permit to assemble from their local city hall office. In addition, free speech allows the KKK to burn crosses under the restriction that they cannot do it in public and the location they choose cannot pose any direct danger of brush fire. Ultimately, this means that the KKK can go and buy a residence in the middle of nowhere, and in their backyard, surrounded by high fences to prevent non-member pedestrians from noticing a burning cross, essentially hold a cross burning session.

However, relating back to your initial question, the Supreme Court is part of the Judicial Branch and cannot turn their court decisions into laws. However, the Legislative Branch, if they feel bored or somewhat obligated, can send a bill through the House and Senate to enact it as a law.

Answer 5

Technically, they NEVER 'become law'. However, they ARE the courts interpretation of what the law ALREADY is. In the case of flag burning, as long as the court considers it protected under the 1st amendment, they would rule and law prohibiting it unconstitutional.

Answer 6

Yes, it is called Case Law, and lower courts are bound by the decision.

The Supreme Court does not make this law, it simply interprets the intent of the laws already on the books.

One of the most influential examples of this in law enforcement would be Miranda v. Arizona. This case law is the one that mandates officers read you your rights after an arrest. Another example of an influential case law as it applies to civil rights is Roe v. Wade, which rules on abortion.

I see several responses which bring up Congress. This is not true, Congress only votes on legislative law, not case law.

Answer 7

The court doesnt make laws nor passes them. What they are doing is just applying the law as they think the Constitution wrote them to be interpreted. Only Congress makes laws, other than that the courts just uphold those laws.

Answer 8

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Answer 9

No. Congress has to approve them first.

Answer 10

Im pretty sure it can but it can still be vetoed