the effectiveness of checks and balances 4.6 Flashcards
What is the primary check the Supreme Court has on the other branches of government?
The power of judicial review
This allows the Supreme Court to strike down Acts of Congress or actions of the president.
What important case established the power of judicial review?
Marbury v Madison (1803)
This landmark judgment famously ‘found’ the power of judicial review.
What is the role of the judiciary as outlined in the Constitution?
Vague and not explicitly defined
The Founding Fathers did not clarify the role of judges in political disputes.
What significant limitation does the Supreme Court face regarding its decisions?
Lack of enforcement power
The Supreme Court cannot enforce its own rulings.
Who was the seventh president of the USA who commented on the enforcement of Supreme Court decisions?
Andrew Jackson
He famously remarked, ‘John Marshall has made the decision, let him enforce it.’
What was one notable exception where the Supreme Court’s ruling was not upheld by state governors?
Brown v Board of Education
Many southern states refused to end racial segregation after this ruling.
What action was taken by President Eisenhower in relation to the Supreme Court’s ruling?
Sent federal troops to Little Rock, Arkansas
This was necessary to enforce the Supreme Court’s ruling on school desegregation.
What are two principal ways Congress can check the power of the Supreme Court?
Constitutional amendment and impeachment
These are the main mechanisms for congressional checks on the Court.
How many times has Congress successfully overturned Supreme Court judgments through constitutional amendment?
Twice
This reflects the difficulty of changing the Constitution.
What case was overridden by the Eleventh Amendment?
Chisholm v Georgia (1793)
This case initially granted federal courts power over disputes between private citizens and states.
What did the Eleventh Amendment establish?
Federal courts cannot hear cases against a state by a citizen from another state or country
This reaffirmed sovereign immunity for the states.
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What did the Sixteenth Amendment allow Congress to do?
Levy income taxes without apportioning them among the states
This amendment was passed in 1913.
What is the effect of the difficulty in passing constitutional amendments on Congressional power?
It renders the congressional check almost obsolete in practical terms.
What power does Congress have to remove Supreme Court judges?
Impeachment.
Has any Supreme Court judge ever been impeached in the USA?
No, it has never happened.
Who was the Supreme Court justice that faced an impeachment attempt in 1805?
Justice Samuel Chase.
What was the reason for the attempted impeachment of Justice Samuel Chase?
Political bias.
What precedent did Justice Chase’s acquittal set?
It helped ensure judicial independence.
Who resigned under threat of impeachment due to financial irregularities?
Justice Abe Fortas.
What is court packing?
The tactic of altering the number of justices on the Supreme Court.
When was the last serious consideration to alter the number of justices on the Supreme Court?
During President Franklin D. Roosevelt’s proposal in 1937.
What legislation did President Roosevelt propose to add more justices?
The Judicial Procedures Reform Bill of 1937.
What event prompted some Democrats to consider altering the size of the Court after the 2020 election?
The confirmation of conservative judge Amy Coney Barrett.
What is President Biden’s administration doing regarding the size of the Supreme Court?
Establishing a bipartisan commission to investigate the possibility of increasing the size.
Who nominates all federal judges?
The president.
How can a president influence the philosophy of the Supreme Court?
By choosing justices whose judicial philosophy matches their own.
What was the outcome of the Supreme Court ruling in Trump v Hawaii?
It ruled that a president’s power to secure the country’s borders was constitutional.
What was significant about the justices nominated by President Trump in relation to the Trump v Hawaii case?
Two Trump nominees were on the Supreme Court during the ruling.
Fill in the blank: Justices cannot be summarily _______ for failing to meet presidential expectations.
sacked.
Which Chief Justice, nominated by Eisenhower, disappointed his presidential patron?
Earl Warren.
