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.
Which case struck down the income tax imposed by the Wilson Gorman Tariff Act?
Pollock v Farmers’ Loan & Trust Company (1895)
This ruling was later overridden by the Sixteenth Amendment.
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.
