The structure of the Supreme Court

Which article gives the Supreme Court legitimate power?

Article III

What are the four main powers of the Supreme Court?

• Create rights: The Bill of Rights are the 10 fundamental rights of US citizens. Yet congressional law, presidential executive orders and state laws can all give or takeaway rights. The Supreme court can decide on whether laws are constitutional and legitimate. E.g: the right to same-sex marriage was granted by the court

• Interpreting the constitution: The way justices interpret the Constitution can impact the laws which are/aren’t constitutional

• Power to overrule Congress: they can strike down congressional laws if they are unconstitutional and this can only be overruled through a constitutional amendment

• Power to overrule the President: They can also overrule Presidential actions as unconstitutional - E.g: In 2022, the court ruled against Trump who did not want to release documents related to the Jan 6th insurrection

What are the main limitations on the court?

• Stare decisis means that the court should follow their previous decision to stand because its not supposed to be a legislative body

• The court cannot enforce its own ruling - it relies on the other branches and the state to enforce it - E.g: Abrego Garcia case - a district judge stated his deportation was unconstitutional but the executive branch stated that the US courts should not determine the Trump administration’s foreign policy (he was deported to El Salvador)

• They cannot seek out cases they can only accept the cases they wish to hear

• They hear few cases a year (75 average) - limites their scope

• They cannot legislate - Congress is reserved that right

What is the SC’s enumerated powers?

• All cases can be heard if they have constitutional importance

• Life tenure for justices

• Original jurisdiction

• Appellate jurisdiction - final court of appeal

• The appointment process - nominated by P and confirmed by C

What are the implied powers of the SC?

• The power of judicial review - central power established in Marbury v Madison in 1803.

• Establishing inferior courts - 13 circuit courts

• Determine the number of justices

How many SC justices are there?

9

What is the role of the Chief Justice and who is the current one?

They are the presiding member of the Court and manages it - Chief Justice Roberts

How many justices have to approve to allow a hearing?

4 justices

What is the principal of judicial independence?

• This is crucial to the operation and to ensuring the power of government can be limited. It allows the court to effectively hold up the rule of law without fear of retribution

• Justices are appointed for life - neither Congress or the president can remove them if they make a decision they don’t like

• Vacancies are only available if a current justice dies, retires or is impeached

• The constitution prevents the salaries of justices to be lowered during their times in offices

What does Chief Justice Roberts believe about judicial independence?

He doesn’t want to critiques the political branch but he does emphasis that the judiciary has a clear role to defend and protect the constitution and the rule of law. They require independence as they must challenge the two branches; without it, they yield to political pressure

What factors reinforce their independence?

• The consistent structure of 9 Justices is understood and respected by the other two branches

• The constitutional guarantee of a job for life and that is is difficult to remove them and/or change their salaries gives justices authority and independence to make judicial decisions without fear of retribution

• Separation of powers of judicial review allows it to act as vital check on president and congress

• The American Bar Association (Interest Group) rates the nominees in terms of well qualified/qualified/not qualified to ensure quality justices are appointed

• The justices have voted in a different way than the President who appointed them - Chief Justice Warren was appointed by a conservative President Eisenhower but he was very liberal

What factors undermine their independence?

• Congress retains the power to alter the composition of the court, for political reasons - Bush, Republican, appointed CJ Roberts who was a conservative justice.

• Impeachment could be used by Congress as a political weapon and therefore technically challenges the independence of the court

• Court lacks enforcement powers - they rely on the Executive to respect and carry out judgements - Brown v Board of Education (1954) relied on the executive issuing the national guard to foresee the desegregation of schools

• The impartiality of the ABA has been questioned (likely to get lower ratings if you are a minority/female)

• All Supreme Court Justices are nominated by the President and then confirmed by a simple majority (partisan)