The Way Of The United States Supreme Rcourt During The Warren Court Period To Enforce The Public Policy

The Supreme Court of the United States in Warren,on the basis of its judicial function of "explaining the constitution and the law and maintaining the unity of law",also strengthens its political function through judicial intervention on the many public problems that are urgently needed to be addressed.In the form of political function developed the function of the creation of public policy,so that the Warren court in the United States political development process played an important role,greatly promoted the equality,freedom and rights of the maintenance and pursuit.The Warren Court,under the guidance of the concept of judicial freedom,conducts judicial intervention on public policies that should be resolved by the government,and discourages public policy by creating precedent,judicial review or legal interpretation,either sticking or breaking,thus affecting the government's role of public policy in social life.The content of this paper is divided into four parts:The first part summarizes the public issues faced by the Federal Supreme Court in the Warren court.After the Second World War in the United States is in the era of maintaining domestic security,this time due to the Vincent Court of the United States Supreme Court adhering to the concept of judicial restraint,and thus to a certain extent,led to the expansion of the power of the executive and the legislature,so many problems of racial issues,civil rights and freedoms in the long-standing country of the United States were all awaited to be resolved during Warren's appointment as Chief Justice from 1953 to 1969.The second part analyzes the political function of the Federal Supreme Court.The most important duty of the Federal Supreme Court,which has judicial power,is to resolve disputes and apply the judicial function of the law.However,with the emergence of expansion of judicial power,the judicial function of the Federal Supreme Court has begun to extend the state system,restrict state power and form a public policy and other forms of political function,thus requiring the Supreme Court to intervene in political life,although the independence of the judiciary requires the Supreme Court avoid to "political issues",but the political function of the determination and the legitimacy of the law also contributed to the Federal Supreme Court to strengthen the political function,and then through the court the theoretical analysis of the implementation of public policy,the legitimacy of the formation of public policy and the advantages of other organs.The third part summarizes the way in which the Federal Supreme Court of the Warren court executed public policies.The way the court implements the public policy is divided into three categories:the first is the judicial review,from the federal Supreme Court judicial review of the scope and the boundaries to be followed;the second is to create jurisprudence,from the jurisprudence of the main body;the third is the legal interpretation,by analyzing the main body of the legal interpretation and the need to highlight the federal Supreme Court to implement public policy is necessary to explain the need for public policy in the implementation of public policy.The fourth part discusses the influence of Warren court on the implementation of public policy.As the Warren court inherited the Berg court will inevitably be affected,but in the choice of the implementation of public policy when the way to trade-off,to the latter part of the concept of judicial restraint under the guidance of the Berg courts less use of judicial review and more use of legal interpretation of the way to implement public policy,thereby reducing the conflict between public policy,followed by the court in the relationship between the judicial and policy issues have also been profound impact.