Relationship between the presidency and the Supreme Court Flashcards
How does the president’s relationship with the SC compare with his relationship with Congress?
It is less volatile
Describe the president’s ability to pressure the SC?
Limited, as they lack any leverage to influence it
How did Obama criticise the SC?
He criticised its ruling of Citizens united vs Federal Election Commission in his 2010 state of the union address
How did Trump have more success with the SC?
He criticised the federal district court rather than the SC when he clashed with district judge Robart over the immigration ban which would be later overturned by the SC in the 2018 Trump vs Hawaii judgement
What was the constitution deliberately designed to stop the president from doing?
Becoming too powerful
Why are presidents less likely to come into conflict with the SC?
One of the roles of president is to defend the law and the constitution, which means defending SC decisions
Why does the SC need the support of the president?
Because it had no power to enforce its decisions so will sometimes need help in doing so
Give an example of a president doing this
Eisenhower in 1957 when he sent federal troops to Little Rock. Arkansas, to integrate a local school that had ignored the Brown vs Board of Education for Topeka (1954) judgement
What is the most powerful way the SC can stop the president over stepping the mark?
By declaring their actions unconstitutional
Give some examples of the SC doing this
- Nixon refusing to release the WH tapes in 1974
- Clinton’s claim of immunity from prosecution by Laura Jones (1997)
- The military commissions set up by W. Bush to try GB detainees (2006)
- Obama’s use of recess appointments (2014)
- Obama using an executive order to implement his immigration reform programme (2016)
