Supreme Court - Limitations

Question 1

How can Congress limit the Supreme Court?

Answer 1

Through checks regarding the appointment process.
Congress can:
1. Impeach Justices
2. Reject appointments to the Court

Question 2

Name some examples of Congress rejecting appointments to the Supreme Court

Answer 2

Robert Bork (1987)
George Harrold Carswell (1970)
Clement Haynsworth (1969)

Question 3

Name an instance of Congressional scrutiny of the Supreme Court

Answer 3

Clarence Thomas faced scrutiny as Judiciary Committee saw Anita Hill testify against him before the committee.

Question 4

Name an instance where a justice was impeached

Answer 4

Impeachment has only occurred once with Samuel Chase in 1805 before being acquitted by the Senate.

Justice Abe Fortas resigned in 1969 rather than facing impeachment over allegations of financial impropriety.

Question 5

Aside from appointments, how can Congress check the Supreme Court?

Answer 5

They can amend the constitution.

Question 6

Give an early example of constitutional amendments limiting the power of the Supreme Court

Answer 6

Pollock v. Farmer’s Loan and Trust Company (1895)

Declared federal income taxes to be unconstitutional. 16th amendment was passed in 1913 which explicitly allowed for collection of income tax.

Question 7

Give a recent example of constitutional amendments checking the power of the SC

Answer 7

Oregon v. Mitchell (1970)

Ruled that Congress only had the power to set age requirements for federal and not state elections. In 1971, 26th amendment was ratified which established voting age at 18.

Question 8

Explain the drawbacks of constitutional amendments

Answer 8

It is very difficult to amend the constitution. Especially so given the current political polarisation and partisanship.

Question 9

In what other way can Congress limit the Supreme Court? (Method 3)

Answer 9

The ability to determine the number of Supreme Court judges. Judiciary Act 1789 set number at 6.
This has not changed since 1869 Circuit Judges Act which set number at 9.

Question 10

Explain the practice of jurisdiction stripping (5th limitation)

Answer 10

Supreme Court has limited original jurisdiction and thus must wait for case to be brought to it.

Congress can define the jurisdiction of SC meaning that it can reduce its ability to hear certain cases thereby making certain legislative/executive actions non-reviewable.

Question 11

Explain why the SC is limited in enforcing rulings

Answer 11

Supreme Court can simply declare unconstitutionality. It is up to the executive and legislature to enforce the rulings.

Question 12

Examples of Supreme Court decision not being enforced

Answer 12

Brown v Board of Education 1954

Justices unanimously ruled that “segregated educational facilities are inherently unequal”

Southern states saw these rulings as undermining their sovereignty and thus didn’t enforce them.
In 1957, Arkansas Governor ordered black students to be blocked from entering newly integrated high school.

Action by Congress and President through Civil Rights Act 1964 enforced this by pressuring schools to desegregate. Evident through increase from 1.2% black attendance in mixed schools in 1963 to 33% in 1968.