Supreme Court Checks and Balances

Question 1

Powerful

Answer 1

The Supreme Court has significant powers of judicial review, overruling Acts of Congress and changing policy. The Supreme Court is arguably too powerful because it is unelected and unaccountable. The Supreme Court can change policies which have a major impact on society such as abortion and immigration policy. The 2007 Gonzales v Carhart case banned a specific type of abortion procedure. US v Arizona 2012 overruled Arizona’s immigration laws because they interfered with Congress’ powers to regulate immigration.

Question 2

Judicial Review

Answer 2

The Supreme Court uses its judicial review power to rule actions by the executive or Congress as unconstitutional. The Supreme Court gave itself its judicial review power in the 1803 Marbury v Madison case. The Supreme Court increasingly rules Acts of Congress unconstitutional. The 2017 Matal v Tam case overruled a section of the 1946 Lanham Act. The 2012 Miller v Alabama case overruled the Alabama state’s life sentence of a juvenile offender as unconstitutional.

Question 3

Unpopular decisions

Answer 3

The Supreme Court has the power to make decisions which do not represent the majority of the public. The 2018 Trump v Hawaii case upheld President Trump’s travel restrictions on people from Iran, Libya, Somalia, Syria and Yemen.

Question 4

Congress checks

Answer 4

Congress checks the power of the Supreme Court. Congress has the power to impeach Supreme Court judges. Congress can pass amendments to the Constitution which override Supreme Court rulings. The 26th Amendment in 1971 lowered the voting age from 21 to 18. The 19th Amendment in 1919 gave women the right to vote.

Question 5

No enforcement power

Answer 5

The Supreme Court cannot enforce its rulings and needs Congress and the executive to carry out its rulings.

Question 6

Public opinion and reaction

Answer 6

Public opinion acts as a check on the Supreme Court’s power because justices can be restrained by their awareness of public reaction to the court’s decisions.
The 2012 National Federation of Independent Business v Sebelius case upheld the Affordable Care Act. The 2012 ruling followed months of public pressure on the Court to uphold the law, including from President Obama who said it would be “unprecedented” if the court overruled the act.