How to see the U.S. Supreme Court through the jurisprudence of the exercise of legislative power

It is well known that, according to the U.S. Constitution, the founding of the United States is based on the separation of powers, with the legislative power belonging to the Congress and the judicial power belonging to the courts. The U.S. Supreme Court exercises its legislative power through jurisprudence.

Under the U.S. system, the courts can overturn laws on the grounds of unconstitutionality. Moreover, under the common law system, it is widely accepted that "the courts may in fact legislate," hence the term case law.

The United States is a common law country, case law as a formal source of law, follow the principle of precedent (stare decisis) including horizontal and vertical aspects, the lower courts have to follow the previous jurisprudence of the high court.

Since the 19th century, the two legal systems in the sources of law on the emergence of a tendency to convergence, integration, the enactment of law in the common law system occupies an increasingly important position, and jurisprudence in the civil law system also increasingly has the status of sources of law. However, the traditional differences between the two will continue to exist for a long time. Not only that, even within the common law system, jurisprudence shows the basic characteristics and the position in the overall legal system, are not completely consistent. The United States case law, although inherited from the British case law, but also has its own unique characteristics.