Assess the Powers and Constraints on the US Supreme Court Flashcards
Name the Powers of the Supreme Court
1) The power of Judicial Review
2) The power of Life tenure (and unlikelihood of impeachment)
Name the Constraints on the Supreme Court
1) The appointments process
2) Constitutional amendments (Which can negate the courts decisions)
3) No power of initiation
4) Lack of Enforcement powers
(in essay, combine 3 + 4)
How can the Judicial Review work as a Check and Balance?
The Supreme Court can strike down the legislation, policies and
actions of the other branches of government if they go against the
constitution.
1) United States v. Lopez (1995) – held that the federal government’s Gun-Free School Zones Act (1994) was unconstitutional because this went beyond Congress’s “Commerce Clause” powers.
2) Boumediene v Bush (2008) – held Bush’s Military Commissions Act (2006) to be unconstitutional as it infringed on habeas corpus.
3) District of Columbia v. Heller (2008) – held that the District of Columbia’s firearms ban was unconstitutional as it infringed on the 2nd Amendment (right to bear arms).
4) United States v. Windsor (2013) – held that the Defence of Marriage Act (1996), which restricted marriage to being between one man and one woman, was unconstitutional as it infringed on the Due Process clause of the 5th Amendment.
Recently
5) Overturning Roe v. Wade (2022) - Held the right of the states to limit abortion, which meant the right to an abortion is no longer protected under the Constitution.
How can the Judicial Review be used to expand powers?
The Supreme Court can also interpret the constitution and give the other branches of government more powers.
1) Gonzales v. Raich (2005) – held that Congress can criminalise the production of cannabis under the Commerce Clause.
2) United States v. Comstock (2010) – held that it is necessary and proper for the federal government to require the sectioning of mentally ill individuals in federal custody.
How has the power of the Judicial Review been used to protect rights?
The Supreme Court can use the constitution to protect rights.
1) Roe v. Wade (1973) held that the 14th Amendment protected the right to an abortion. [Now overturned]
2) Obergefell v. Hodges (2015) held that the 14th Amendment protected the right to same-sex marriage. [Could be overturned]
What is the significance of Judicial Review?
The court gave themselves this power in Marbury v. Madison (1803), which suggests that the court can expand its own power when it wants.
Helps to prevent the other branches from acting in a tyrannical manner, so promotes checks and balances and limited government.
Helps to prevent tyranny of the majority and protects the rights of minorities.
How does life tenure of a Justice hold power?
Being unelected and having life tenure means that judges can make unpopular decisions as they do not have to please the electorate or wealthy donors.
In Texas v. Johnson (1989), the court seemingly ignored public opinion and held that forbidding the burning of the US flag was an unconstitutional restriction on freedom of speech under the 1st Amendment (1791).
In Obergefell v. Hodges (2015), the court legalised same-sex marriage, despite large numbers of mainly southern, religious voters who were strongly against same-sex marriage.
A majority of people support the right to an Abortion in the US yet Roe v. Wade was overturned (2022) - Many states have now entrenched this right into their state constitutions.
How does a low chance of Impeachment hold power?
A Supreme Court justice has never been impeached, therefore judges can make unpopular decisions without the fear of impeachment.
e.g. Supreme Court Justice Samuel Chase was impeached in
1804, however this was for partisan reasons, therefore he
was acquitted at his trial.
What is the significance of life tenure and unlikelihood of being impeached?
Could give the court’s decisions a greater mandate as they are impartial.
Could give the court’s decisions a lesser mandate because they are undemocratically ignoring the will of the people.
How is the SC constrained by the Appointments Process
Supreme Court Justices must pass through the appointments process, which means that justices who lack sufficient support by elected representatives cannot be appointed.
The President nominates Supreme Court Justices.
e.g. In 2022, Biden nominated Ketanji Brown-Jackson to the Supreme Court.
The Senate confirms Supreme Court Justices.
e.g. In 2022, the senate confirmed Brown-Jackson as a Justice.
e.g. However, in 2016, Republicans in the Senate said that they won’t consent to any of Obama’s nominees, including Merrick Garland.
What is the significance of the appointments process?
Means that judges who lack qualifications or experience cannot be appointed. (However, now Justice Coney-Barrett could not remember all of the rights of a person when being examined by the Senate. She is also considered under qualified but was elected under a republican dominated senate)
Means that judges who are too extreme cannot be appointed.
What is a rebuttal of the limit of the appointments process?
However, justices are nearly always confirmed by the Senate.
The last time that Congress formally rejected a President’s Supreme Court appointment was in 1987 with Robert Bork.
How is the power of the SC constrained by constitutional amendments? (w/ examples)
They can negate the SC decisions.
The 14th Amendment (1868) gave African Americans US citizenship rights, negating the Supreme Court’s decision in Dred Scott v. Sandford (1857) which held that African Americans could not have US citizenship rights.
The 16th Amendment (1913) established the right for Congress to raise its own income tax, negating the Supreme Court’s decision in Pollock v. Farmers’ Loan and Trust Company (1895) which declared federal income tax to be unconstitutional.
The 19th Amendment (1920) gave the right to vote to woman, negative the Supreme Court’s decision in Minor v. Happersett (1874) which held that a Missouri law that limited the right to vote to males was constitutional
What is the significance of the Constraint through Constitutional amendments (by congress)?
Shows that ultimately the Supreme Court is not above the constitution.
Helps to increase public confidence in the government as unpopular decisions of the court can be negated if there is enough support for this.
Is there a rebutted for constraint by constitutional amendment?
It is rare that constitutional amendments are passed to negate the Supreme Court’s decisions.
The Human Life Amendment (from 1973), which would have negated Roe v. Wade (1973), failed to be passed. (Now Roe v. Wade has been overturned)
The Flag Desecration Amendment in the 1990s, which would have negated Texas v. Johnson (1989), failed to be passed.
Senator Bernie Sanders’ Saving American Democracy Amendment (from 2011), which would have negated Citizens United v. FEC (2010), failed to be passed.
