ABSTRACT
Americans transform policy disputes into constitutional issues and seek resolution of those disputes in courts in general and in the United States Supreme Court in particular. Even more important than maintaining the Court's influence are the justices' constitutional views—their notions of which constitutional issues are most important and how those issues should be resolved. So the constitutional cases considered by the Court characteristically required it to define the respective spheres of the federal and state governments. The litigants in a case may be most concerned with winning or losing: for a convicted felon challenging the constitutionality of a police search that uncovered incriminating evidence, avoiding prison is the primary goal. Although legal briefs commonly focus on the interpretation of constitutional provisions, statutes, and precedents relevant to the case, they may also include nonlegal materials. In ruling on the constitutionality of a particular program or practice, the Court also indicates the likely validity of similar programs or practices.
