Checks and Balances on the Supreme Court Flashcards
Why are checks needed?
Because its power is so great and it has become a quasi-legislative body
How does the Supreme Court create legislation?
through its power of judicial review
Not only are justices very important but…
…they are very important for a long time
What are the four checks an balances that congress has over the Supreme Court?
1) Confirm or reject appointments
2) Decide number of justices on court
3) impeachment
4) Consitutional amendments
What does the senate power to confirm or reject appointments go some way to preventing?
Abuses of power int he court
Since when have congress set the number of justices on the court at 9?
1869
If the number of the justices on the court were reduced, what would happen?
Each justice would become more powerful
Why did FDR’s plan to raise the number of supreme court justices to 15 fail?
It would give him the power to appoint loads at cone
How does the Senate impeach?
If the house passes an article of impeachment then the Senate holds a trial
How does the Senate find a justice guilty?
⅔ majority
What would they find a justice guilty for?
Misconduct of illegal behaviour
Impeachment has never happened for a Supreme Court justice, but Abe Fort did what?
resigned before he could be impeached
How is constitutional amendment a check on the court’s power?
Congress can effectively undo the ruling of the court with which they disagree
Show how Congress can effectively undo the ruling of the court with which they disagree
1895 income tax was declared unconditional, however congress passed the 16th amendment in 1913 to give themselves this power
Give two examples of how it is hard for congress to check the court’s power through amendment
Flag during and school prayer have both failed
What are the three potential checks and balances that a president has over a court?
1) Nominations
2) Throw his wight behind or against a specific decision
3) Power of pardon
What are the two things a president looks for in a justice?
For them to be of a similar ideology and for them to be of good character
What means that the court is fairly balanced, normally?
Infrequency of nomination opportunity and the 2 party system
What will the impact of a president throwing his weight behind or against a specific decision do?
It won’t actually change the decision but, if he’s popular, change public option and play on the minds of furniture decisions
What happened in 1954 that shows a president behind his cause?
eisenhower was behind Brown vs Board of Education 1954, sending in troops into enforce desegregation in Little Rock, Arkansas
Give an example of a President opposing a Supreme Court decision
Bush senior opposed decision to allow flag burning in Texas vs Johnson 1989 calling it wrong, dead wrong
What power does the President also hold that serves as an effective check on the judiciary
pardon
Another check, what two powers do the judiciary lack?
enforcement and initiation
What does the lack of initiation power mean?
Cases must come to the court and it cannot rule on hypothetical issues
What can the public check the court with?
their opinion
How is public option a check on the court?
They are mindful that if they become too unpopular then their legitimacy could be questioned
What 1992 case shows the court being mindful of public opinion?
Planned Parenthood of South Eastern pennsylvania vs Casey 1992 where they were careful not to upset decisions
What balance must they strike relating to public opinion?
They must strike a balance between being seen to do their job interpreting the constitution and being mindful of the democratic majority. Unelected though they are, they still rely on public support to maintain their unelected position
How does the constitution provide a check on judicial power?
some areas of the constitution are unambiguous and thus not able to be interpreted, you can’t interpret what people already understand
The fact that the judiciary are checked by the constitution means what?
they are checked by their reasons for existence
Give an example in 1954 of how the court checked itself?
Brown vs Board of Education overturned Plessy vs Ferguson 1896
Give an example of how the court checked itself in regard to the death penalty
in 1989 stanford vs kentucky, the court ruled that states could execute 16 and 17 years olds. In 2005 Roper vs. Simmons, they ruled that such executions were unconstitutional
