Discussion Problem: Court's Role as Policy Maker
A section of chapter 2 in the Carp text discusses "The Supreme Court as a Policymaker", focusing on Plessy v. Ferguson and Brown v. Board of Education as historical illustrations of the high court's policy-making role concerning race relations. Using the materials in this section of the book, discuss with the class how the more recent controversy before the federal courts, and the Supreme Court in particular, about same-sex marriage is, or is not, consistent with the court's historical role as a policy maker. If necessary, use the Internet to research the controversy about same sex marriage in the federal courts.