Evaluate the extent to which the Supreme Court is more powerful than Congress and the Presidency (30 marks)

Question 1

intro

Answer 1

the Supreme Court is not more powerful than Congress and the President

Question 2

reactive/proactive?

Answer 2

• The Supreme Court is only able to respond to cases put to it, they can’t introduce legislation
• e.g Conservative justices have expressed a desire to overturn Obergefell V Hodges and outlaw gay marriage but they haven’t been able to as the appropriate case hasn’t come up
• in contrast, the President and Congress can be much more reactive and are able to pass laws on issues they feel strongly about

therefore, although the SC can do judicial review, they have a lot of limitations on their power

Question 3

Judicial Review

Answer 3

• the SC has the power of judicial review, which is a powerful tol for judges
• gives them power over key areas like civil rights, abortion and gun control
• Supreme Court decisions are final and are not subject to further review, unlike the President and Congress

Question 4

President and Congress: power of the people

Answer 4

• they have the power to directly adress the people
• as the Head of State, the President has the largest platform available to influence the people of America, e.g Bush’s speech on the Iraq War
• the President gives the annual State of Union adress laying outt their priorities e.g Obama announcing Obamacare
• the SC do not have a similar platform

Question 5

verdicts

Answer 5

• justices have the ability to influence in the same way as the President through verdicts
• e.g Ruth Bader Ginsburg was a liberal minded court justice, and even when she was of the minority, her verdicts were used as guidance

Question 6

judicial review: negative

Answer 6

the only significant power the Supreme Court has is to strike down legislation, while Congress enjoys more powers like approving the annual budget and legislating.

The president also has more powers as commander in chief and vetoing legislation from Congress

Question 7

length of appointment

Answer 7

Justices serve on court for life, meaning they don’t have to be re-elected like presidents and congressmen do
- they can say or do what they want without taking into account what is politically acceptable or not.
- Presidents only have up to 8 years in office
- e.g Trump who only served 4 years doesn’t have the same level of power as a justice who can serve over 40 years