This paper explores the role of the U.S. Supreme Court in national policy-making, particularly focusing on disability rights as shaped by the Americans with Disabilities Act of 1990. It analyzes the Court's influence through the lens of the policy cycle, emphasizing the stages of agenda-setting and policy implementation. The paper concludes that the Supreme Court has significantly impacted the interpretation and application of the ADA, often narrowing the definition of "disability" and influencing legislative amendments such as the ADA Amendments Act of 2008. The Court's decisions reflect its role in shaping national policy beyond mere judicial review, highlighting its active involvement in defining disability rights in the United States.
First, the commonly applied concept of the policy cycle is introduced which divides the policy process into five phases. Second, the paper presents a concise overview of Dahl’s research regarding the U.S. Supreme Court as being an actor in national policy-making. The author’s research is focused on as it belongs to the pioneering works in this field and looks beyond the Court’s right of judicial review which clearly enables the judiciary to overturn congressional acts by Constitution.
Third, the legislative summary of the Americans with Disabilities Act of 1990 points out the act’s strengths and weaknesses. The latter building the basis for several lawsuits following the ADA’s adoption. Fourth, the role of the Supreme Court in the policy making process of the ADA is examined more thoroughly. It remains to be examined how actively the Supreme Court affected the main piece of legislation dealing with disability rights. Last, the conclusion summarizes the arguments made and provides a condensed answer to the research question of this paper.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Methodology
- Theoretical Framework
- Americans with Disabilities Act (ADA)
- Analysis
- Agenda-Setting
- Policy Implementation
- Policy Evaluation
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper examines the extent to which the U.S. Supreme Court has acted as a national policy-maker in shaping the Americans with Disabilities Act of 1990 (ADA). The study uses the framework of the policy cycle to analyze the Court's influence in different stages of the policy process. It also explores Dahl's research on the Supreme Court's role as a political institution, looking beyond its traditional function of judicial review.
- The role of the U.S. Supreme Court in national policy-making
- The influence of the Court on the Americans with Disabilities Act (ADA)
- The policy cycle framework as a tool for analyzing the Court's impact
- The ADA's strengths and weaknesses, leading to subsequent legal challenges
- The evolution of disability rights legislation in the United States
Zusammenfassung der Kapitel (Chapter Summaries)
The introduction provides context by highlighting the prevalence of disabilities in the United States and outlining the significance of the Supreme Court's decisions regarding disability rights. It also introduces the ADA as the main legislative framework for these rights and the role of the Court in shaping its interpretation and implementation.
The methodology chapter explains the use of the policy cycle framework as a tool for analyzing the Supreme Court's involvement in the ADA's development and implementation. The chapter also discusses the limitations of this framework while emphasizing its relevance for this particular study.
The theoretical framework chapter explores Dahl's research on the U.S. Supreme Court's role as a political actor in national policy-making processes. Dahl argues that the Court's decisions often involve choices among policy alternatives, making it a significant player in shaping national policy.
The chapter on the Americans with Disabilities Act (ADA) provides a detailed overview of the legislation, outlining its strengths and weaknesses, and exploring its impact on the rights of people with disabilities. It sets the stage for analyzing the Supreme Court's role in influencing the ADA's interpretation and application.
The analysis chapter examines the Supreme Court's influence in specific stages of the policy cycle, particularly agenda-setting, policy implementation, and policy evaluation. It discusses the Court's involvement in shaping the national discourse on disability rights, reviewing legal challenges to the ADA, and evaluating the impact of its decisions on national policy.
Schlüsselwörter (Keywords)
The core keywords and focus topics of this paper include the U.S. Supreme Court, national policy-making, disability rights, Americans with Disabilities Act (ADA), policy cycle, judicial review, legal challenges, and legislative interpretation. These terms encapsulate the primary themes and concepts explored in the paper, including the Court's influence on legislation, the evolution of disability rights, and the interaction between judicial and legislative branches in shaping national policy.
- Quote paper
- Anonym (Author), 2015, The U.S. Supreme Court and its influence on national policy making. The case of disability rights, Munich, GRIN Verlag, https://www.grin.com/document/1477947
