Unit 2: Interactions Between Branches of U.S. Government

Legislative Branch Structure and Powers

Congressional Structure

• Congress is bicameral, consisting of the House of Representatives and the Senate, each with unique roles and responsibilities.

• The House has 435 members, with representation based on state population, while the Senate has 100 members, with each state represented by two senators.

• Members of the House serve two-year terms, while senators serve six-year terms, reflecting different electoral pressures and responsibilities.

• The Constitution outlines specific requirements for each chamber, including age, citizenship, and term lengths, found in Article I, Sections 2 and 3.

• The differing structures of the two chambers influence their legislative processes and the types of legislation they prioritize.

• The House's focus on population representation contrasts with the Senate's equal representation of states, affecting policy outcomes.

Powers of Congress

• Enumerated powers are explicitly granted to Congress by the Constitution, primarily found in Article I, Section 8.

• Implied powers, derived from the Necessary and Proper Clause, allow Congress to enact laws deemed necessary to execute its enumerated powers.

• Economic powers include the ability to levy taxes, regulate commerce, and control currency, essential for national governance.

• Military powers grant Congress the authority to declare war, raise armies, and regulate military forces, reflecting its role in national defense.

• The Necessary and Proper Clause enables Congress to address contemporary issues not explicitly mentioned in the Constitution, such as social and environmental matters.

• The balance of powers between the House and Senate ensures thorough debate and consideration of legislation, particularly in revenue and appointment matters.

Executive Branch Powers and Responsibilities

Presidential Powers

• The president's powers are outlined in Article II of the Constitution, including the authority to sign legislation and appoint federal judges.

• Informal powers have expanded over time, allowing the president to influence public policy and opinion significantly.

• The president's role as Commander-in-Chief grants them control over military operations, subject to Congressional oversight.

• The use of the 'bully pulpit' and social media has transformed presidential communication, enabling direct engagement with the public.

• Tensions often arise between the president and Congress, particularly regarding legislation and foreign policy decisions.

• The appointment process for judges and cabinet members requires Senate confirmation, illustrating the checks on presidential power.

Interactions with Congress

• The president and Congress share interrelated powers, necessitating cooperation for effective governance.

• The budget process exemplifies the need for collaboration, with the president typically proposing a budget that Congress must approve.

• Legislative gridlock can occur due to ideological differences, impacting the government's ability to respond to pressing issues.

• The president can veto legislation, but Congress can override this veto with a two-thirds majority in both chambers, showcasing the balance of power.

• The relationship between the executive and legislative branches is dynamic, often shifting based on political context and public opinion.

• Historical examples, such as the New Deal and Great Society, illustrate how presidential initiatives can reshape the legislative agenda.

Judicial Branch and Its Role

Structure and Function of the Judiciary

• The federal judiciary, established under Article III, is designed to be independent, with justices appointed for life to insulate them from political pressures.

• Judicial review, established in Marbury v. Madison (1803), allows the Supreme Court to invalidate laws and executive actions deemed unconstitutional.

• The Court's decisions can have far-reaching implications, often leading to significant social and political changes.

• Justices' lifetime appointments can lead to controversial rulings that may not align with public opinion, raising questions about accountability.

• The appointment process for justices is a critical point of contention, with the potential for political influence over judicial decisions.

• Congress and the president can influence the judiciary through appointments and legislation that affects the Court's jurisdiction.

Checks on Judicial Power

• The system of checks and balances ensures that the judiciary does not operate in isolation, with Congress and the president holding significant influence.

• Congress can pass legislation to limit the jurisdiction of the courts or to clarify laws that the Court has interpreted.

• The president's power to appoint justices allows for strategic influence over the judiciary's ideological balance.

• Historical instances, such as FDR's court-packing plan, illustrate attempts to alter the judiciary's power dynamics.

• The judiciary's role in interpreting laws can lead to conflicts with the other branches, particularly when rulings challenge legislative or executive actions.

• The independence of the judiciary is crucial for upholding the rule of law and protecting individual rights against government overreach.

Structure and Functions of Congress

Overview of Congressional Chambers

• The U.S. Congress is bicameral, consisting of the House of Representatives and the Senate, each with distinct roles and powers that influence the legislative process.

• The House of Representatives is larger (435 members) and is designed to represent the population, while the Senate (100 members) represents states equally, regardless of size.

• Both chambers utilize committees to review legislation, but their structures and powers differ significantly, impacting how laws are made.

Leadership in Congress

• Speaker of the House: The primary leader of the House, responsible for managing legislative agenda, influencing bill discussions, and ensuring party discipline.

• Vice President: Serves as the President of the Senate, maintaining order and casting tie-breaking votes, which is crucial in closely contested legislation.

• President Pro Tempore: A ceremonial role, typically held by the longest-serving senator of the majority party, stepping in when the Vice President is absent.

Party Dynamics and Leadership Roles

• Majority Party: Controls the legislative agenda, selects committee chairs, and guides legislation through the House or Senate, significantly shaping policy outcomes.

• Minority Party: Provides opposition, proposes alternative policies, and holds the majority accountable, using tactics like filibusters in the Senate to influence legislation.

Legislative Procedures and Their Impact

Key Legislative Procedures

• Filibuster: A tactic used in the Senate to prolong debate and delay a vote, often requiring a supermajority to overcome, thus impacting the passage of legislation.

• Cloture: A procedure to end a filibuster, requiring 60 votes to limit debate and proceed to a vote, illustrating the Senate's unique rules.

• Discharge Petition: A House procedure allowing members to bring a bill to the floor after 30 days in committee, demonstrating the House's more direct control over legislation.

Budgetary Processes in Congress

• Discretionary Spending: Annual budget allocations for federal programs, subject to congressional approval, impacting funding priorities.

• Mandatory Spending: Required by law, including entitlement programs, which limits discretionary spending options as costs rise.

• Pork Barrel Legislation: Appropriations for local projects, often criticized for waste but used to gain support for broader legislation.

Congressional Behavior and Accountability

Influences on Congressional Behavior

• Divided Government: Occurs when different parties control the presidency and Congress, often leading to legislative gridlock and necessitating negotiation.

• Partisanship: Strong loyalty to party lines can hinder bipartisan cooperation, affecting how legislation is debated and passed.

• Bipartisanship: Cooperation between parties can lead to successful legislation, requiring compromise and coalition-building.

Roles of Representatives and Senators

• Trustee: Elected officials who use their judgment to make decisions, balancing constituent interests with their own beliefs.

• Delegate: Representatives who strictly follow the wishes of their constituents, often seen in the House of Representatives.

• Politico: A pragmatic approach where legislators balance their roles as delegates and trustees, considering both party and constituent interests.

Redistricting and Gerrymandering

Impact of Redistricting

• Gerrymandering: The manipulation of electoral district boundaries to favor one party, undermining fair representation and diluting minority votes.

• Redistricting: The process of redrawing district lines every ten years post-census, which can significantly alter political power dynamics.

• Court Cases: Landmark cases like Baker v. Carr (1962) established the principle of 'one person, one vote', impacting how districts are drawn.

Key Court Cases Impacting Redistricting and Voting Rights

Baker v. Carr (1962)

• This landmark case addressed the issue of legislative district boundaries in Tennessee, where population shifts had not been reflected in the districting, leading to unequal voting power.

• The Supreme Court ruled that federal courts have jurisdiction over state redistricting cases, establishing the principle of 'one person, one vote' under the Equal Protection Clause of the 14th Amendment.

• The case set a precedent for federal intervention in state electoral processes, emphasizing the importance of fair representation.

• It highlighted the role of the judiciary in protecting voting rights and ensuring that legislative districts are drawn fairly to reflect population changes.

• The ruling has had lasting implications for how states approach redistricting, leading to more scrutiny and legal challenges against gerrymandering practices.

• This case is often cited in discussions about electoral fairness and the balance of power between state and federal authorities.

Shaw v. Reno (1993)

• This case involved North Carolina's creation of a racially gerrymandered congressional district designed to ensure a black majority, which was challenged in court.

• The Supreme Court ruled that race cannot be the predominant factor in drawing electoral district lines, reinforcing the Equal Protection Clause of the 14th Amendment.

• The decision underscored the complexities of balancing race and representation in electoral politics, raising questions about the legality and ethics of gerrymandering.

• It established that while race can be a consideration, it cannot overshadow other factors in districting, promoting a more equitable approach to representation.

• The ruling has influenced subsequent redistricting efforts across the country, leading to more careful consideration of how districts are drawn.

• Shaw v. Reno is frequently referenced in discussions about racial equity in voting and the implications of gerrymandering.

The Presidency: Powers and Responsibilities

Formal Powers of the President

• Veto: The president can block legislation passed by Congress, serving as a check on legislative power and ensuring that only laws aligned with their agenda are enacted.

• Pocket Veto: If Congress adjourns within 10 days of passing a bill and the president does not sign it, the bill fails to become law, allowing the president to effectively veto without a formal rejection.

• Executive Orders: These directives allow the president to manage the operations of the federal government and implement policies without needing congressional approval, showcasing the executive's ability to act swiftly.

• Treaties: The president negotiates treaties with foreign nations, which require Senate ratification, highlighting the balance of power in foreign affairs.

• Commander-in-Chief: The president has control over the military, allowing for decisive action in defense matters, although this power is checked by Congress's authority to declare war.

• Executive Agreements: Unlike treaties, these do not require Senate approval, allowing the president to engage in international agreements more flexibly.

Informal Powers of the President

• Bargaining & Persuasion: The president often negotiates with Congress to garner support for their policies, using incentives and public appeals to influence legislative outcomes.

• Signing Statements: These are used by the president to clarify their interpretation of a bill, often indicating which parts they support or oppose, influencing future implementation.

• Executive Agreements: These allow the president to bypass the Senate in international agreements, reflecting the need for expediency in foreign policy.

• Public Appeals: Presidents often use media to communicate directly with the public, rallying support for their initiatives and applying pressure on Congress.

• Crisis Management: In times of national emergency, presidents may invoke informal powers to act quickly, often justifying their actions as necessary for public safety.

Tensions Between the Presidency and Congress

Presidential Agenda and Congressional Conflict

• The president's agenda can clash with congressional priorities, especially when the two branches are controlled by different political parties, leading to legislative gridlock.

• Ambitious policy initiatives may face resistance from Congress, resulting in stalled legislation and heightened tensions between the branches.

• The use of executive actions to bypass Congress can exacerbate feelings of exclusion among lawmakers, undermining the legislative process.

• Conflicts often arise over budgetary issues, where the president's spending priorities may not align with congressional appropriations.

• The dynamic between the president and Congress is characterized by a constant negotiation of power, with each side seeking to assert its authority.

Senate Confirmation Conflicts

• Cabinet Members: The Senate's role in confirming cabinet nominees can lead to conflict, especially if the president nominates controversial figures, resulting in contentious hearings.

• Ambassadors: Senate confirmation is required for ambassadorial appointments, and disagreements can arise if nominees are perceived as unqualified or if the president fails to consult the Senate beforehand.

• White House Staff: Tensions can occur when White House staff advocate for policies that senators oppose, leading to disagreements over legislative priorities and approaches.

Constitutional Foundations of the Presidency

Federalist No. 70

• Written by Alexander Hamilton, Federalist No. 70 argues for a strong, energetic executive as essential for effective governance.

• Hamilton posits that a single executive is more accountable to the public, as it is clear who is responsible for decisions made.

• The paper emphasizes the need for decisiveness in the executive branch, particularly in times of crisis or conflict.

• Hamilton warns against the dangers of a weak executive, which could lead to legislative encroachment and inefficiency in governance.

• The arguments presented in Federalist No. 70 continue to influence contemporary debates about the scope and limits of presidential power.

Presidential Requirements and Amendments

• The Constitution outlines presidential requirements in Article 2, Section 1, specifying a minimum age of 35, natural-born citizenship, and a four-year term.

• The 22nd Amendment limits presidents to two terms, reflecting a historical response to concerns about the concentration of power and potential for dictatorship.

• This amendment signifies a shift towards a more constrained presidency, emphasizing accountability and the need for regular leadership transitions.

The Presidency: Constitutional Requirements and Changes

Constitutional Requirements for the Presidency

• Minimum Age: The Constitution mandates that a presidential candidate must be at least 35 years old, ensuring a level of maturity and experience in leadership.

• Citizenship Requirement: Candidates must be natural-born citizens, which has been a point of debate regarding its implications for eligibility and diversity in leadership.

• Length of Term: Presidents serve a four-year term, with the possibility of re-election, which establishes a regular cycle of leadership change.

• Constitutional-Power Restrictions: The powers of the presidency are defined and limited by the Constitution, ensuring a balance of power among branches of government.

The 22nd Amendment and Changing Presidential Roles

• Overview of the 22nd Amendment: Ratified in 1951, this amendment limits presidents to two terms in office, a direct response to Franklin D. Roosevelt's unprecedented four terms, which raised concerns about potential dictatorship.

• Impact on Presidential Power: By limiting terms, the amendment promotes a more accountable presidency, reducing the risk of a single individual consolidating power indefinitely.

• Historical Context: The amendment reflects a significant shift in public sentiment regarding presidential power and the need for checks and balances in governance.

Communication, Technology, and the Presidency

Modern Communication Tools

• Television and Radio: These mediums allow presidents to communicate directly with the public, fostering a sense of connection and engagement. They enable the rapid dissemination of policies and messages.

• Internet and Social Media: Platforms like Twitter and Facebook facilitate real-time interaction, allowing presidents to receive immediate feedback and shape public perception.

• State of the Union Address: This nationally broadcast event serves as a platform for presidents to outline their agendas and rally support, influencing both public opinion and legislative priorities.

• Bully Pulpit: The president's unique position allows them to advocate for specific policies and influence public discourse, which can create tension with Congress.

The Federal Bureaucracy: Structure and Function

Understanding Bureaucracy

• Definition: Bureaucracy refers to a system of rules and procedures that organizes and manages large organizations, particularly in government.

• Patronage vs. Merit: The patronage system involves political connections for hiring, while the merit system emphasizes skills and qualifications, promoting professionalism in public service.

• Civil Service: This comprises non-elected, permanent employees who ensure continuity and expertise within government agencies.

• Power of the Purse: Congress's constitutional authority to raise and spend money is crucial for funding bureaucratic operations and initiatives.

Bureaucratic Functions and Responsibilities

• Writing and Enforcing Regulations: Agencies create detailed regulations to implement laws, ensuring effective execution and compliance monitoring.

• Issuing Fines: Bureaucratic agencies enforce laws by imposing fines on violators, which helps maintain public safety and regulatory standards.

• Testifying Before Congress: Bureaucratic officials provide expert testimony, aiding lawmakers in informed decision-making and accountability.

• Iron Triangle and Issue Networks: These concepts illustrate the collaboration between bureaucracies, congressional committees, and interest groups in shaping policy.

Delegated Discretionary Authority in Bureaucracy

Examples of Bureaucratic Agencies

• Department of Homeland Security (DHS): Develops regulations for national security, including immigration enforcement and transportation security.

• Department of Transportation (DOT): Creates regulations for vehicle safety and infrastructure maintenance, ensuring efficient transportation systems.

• Department of Veterans Affairs (VA): Formulates policies for veterans' healthcare and benefits, establishing eligibility criteria for services.

• Environmental Protection Agency (EPA): Enforces regulations to protect health and the environment, monitoring compliance with pollution standards.

• Federal Elections Commission (FEC): Administers laws related to federal election campaigns, ensuring transparency in campaign finance.

• Securities and Exchange Commission (SEC): Regulates securities markets, enforcing laws against fraud and ensuring investor protection.

Congressional Oversight of the Executive Branch

Methods of Oversight

• Congress exercises oversight through various methods, including committee hearings, the power of the purse, and informal pressures.

• Committee hearings allow Congress to question agency officials, investigate policy implementation, and ensure laws are enforced as intended, providing a platform for scrutiny and accountability.

• The power of the purse enables Congress to control federal funding, influencing executive operations and ensuring compliance with legislative priorities.

• Informal methods include political pressure and media coverage, which can expose bureaucratic inefficiencies and influence public perception.

• Oversight serves as a check on executive power, ensuring that agencies operate within the bounds of their authority and legislative intent.

Committee Hearings

• Committee hearings are a formal mechanism for Congress to oversee the executive branch, allowing lawmakers to question agency officials directly.

• These hearings can lead to recommendations for legislative changes based on findings from investigations into agency performance.

• They serve as a public forum for accountability, where inefficiencies and misconduct can be addressed.

• Historical examples include hearings on the Watergate scandal, which led to significant reforms in executive accountability.

• The process reinforces the principle of checks and balances by ensuring that the executive branch is answerable to the legislative branch.

Power of the Purse

• The power of the purse refers to Congress's authority to control federal funding, which is a critical tool for oversight.

• By approving or withholding funds, Congress can influence the operations of executive agencies and ensure alignment with legislative priorities.

• This financial control acts as a deterrent against executive overreach, compelling agencies to comply with congressional intent.

• Historical context includes the use of funding restrictions during the Vietnam War to limit executive military actions.

• The power of the purse exemplifies the legislative branch's role in maintaining accountability within the executive branch.

Presidential Responsibilities and Goals

Ensuring Agency Compliance

• The president ensures that executive agencies align with administration goals through strategic appointments of agency heads.

• Executive orders are used to direct agencies on specific actions, reinforcing the administration's policy agenda.

• The Office of Management and Budget (OMB) plays a crucial role in overseeing agency funding and resource allocation, ensuring compliance with executive priorities.

• Historical examples include President Franklin D. Roosevelt's New Deal programs, which required agency alignment with his economic policies.

• The president's influence over agencies is critical for the effective implementation of the administration's goals.

Accountability Mechanisms

• The president holds agencies accountable through the appointment and removal of agency heads, ensuring alignment with executive priorities.

• Executive orders can direct agencies to implement specific policies, reinforcing accountability.

• The president can utilize the 'bully pulpit' to publicly address agency performance and influence public perception.

• Political alliances and party loyalty can also play a role in ensuring agency compliance with presidential directives.

• The president's oversight is essential for maintaining the executive branch's focus on the administration's goals.

Judicial Branch and Judicial Review

Structure and Independence of the Judiciary

• Article III of the Constitution establishes the judicial branch, creating the Supreme Court and allowing Congress to establish lower federal courts.

• It guarantees lifetime appointments for judges, ensuring independence from political pressures and influences.

• The structure of the judiciary is designed to resolve constitutional disputes, maintaining checks and balances within the government.

• Historical context includes the establishment of the Supreme Court's authority in Marbury v. Madison, which set the precedent for judicial review.

• The independence of the judiciary is crucial for upholding the rule of law and protecting individual rights.

Importance of Judicial Review

• Judicial review allows courts to assess the constitutionality of laws and executive actions, reinforcing the supremacy of the Constitution.

• Established in Marbury v. Madison (1803), judicial review empowers the judiciary to check legislative and executive power.

• This practice is vital for maintaining the balance of power among government branches and protecting civil liberties.

• Judicial review has been used in landmark cases to strike down unconstitutional laws, shaping American legal and political landscapes.

• The power of judicial review underscores the judiciary's role as a coequal branch of government.

Debates on Judicial Power

Legitimacy of the Supreme Court

• The combination of judicial review and lifetime appointments raises questions about the legitimacy of the Supreme Court's power.

• Critics argue that unelected justices wield excessive power without direct accountability to the public.

• Supporters contend that life tenure protects judicial independence, allowing justices to make decisions based on constitutional principles rather than political pressures.

• The debate reflects broader concerns about the balance of power and the role of the judiciary in a democratic society.

• Historical examples of contentious Supreme Court decisions illustrate the ongoing debate over judicial authority and accountability.

Judicial Independence and Its Importance

Life Tenure and Judicial Independence

• Life tenure for justices is designed to insulate them from political pressures, allowing them to make decisions based solely on legal principles and the Constitution.

• This independence is crucial for maintaining the rule of law and ensuring that justice is administered fairly, without influence from public opinion or political agendas.

• Historical context: The framers of the Constitution believed that an independent judiciary was essential for protecting individual rights and maintaining checks and balances among government branches.

• Example: Justices like Ruth Bader Ginsburg and Antonin Scalia, despite differing ideologies, upheld the principle of judicial independence in their rulings.

• Critics argue that life tenure can lead to a disconnect between the judiciary and contemporary societal values, potentially undermining public trust in the legal system.

Precedents and Stare Decisis

• Precedents are established legal decisions that guide future cases, ensuring consistency and predictability in the law.

• Stare decisis, meaning 'to stand by things decided,' compels courts to follow established precedents unless there is a compelling reason to overturn them.

• This principle promotes judicial efficiency by minimizing the need to re-litigate settled issues, fostering stability in legal interpretations.

• Landmark cases, such as Brown v. Board of Education (1954), serve as pivotal moments that reshape legal principles and societal norms.

• The reliance on precedents can lead to significant shifts in legal interpretations, as seen in cases like Roe v. Wade (1973) and Miranda v. Arizona (1966).

Landmark Cases and Their Impact

Definition and Significance of Landmark Cases

• Landmark cases are court decisions that significantly alter the interpretation of laws or establish new legal principles, often impacting broader societal norms.

• These cases can address critical issues of constitutional rights and civil liberties, setting important precedents for future rulings.

• Example: The decision in Brown v. Board of Education declared racial segregation in public schools unconstitutional, influencing civil rights legislation.

• Landmark cases often reflect changing societal values and can lead to legislative changes, as seen with the Civil Rights Act following Brown.

• The impact of landmark cases can create a ripple effect, prompting further legal challenges and societal debates.

Examples of Landmark Cases

• Brown v. Board of Education (1954): Overturned Plessy v. Ferguson, declaring racial segregation in public schools unconstitutional, setting a precedent for civil rights advancements.

• Roe v. Wade (1973): Established a woman's right to choose abortion based on the right to privacy, influencing reproductive rights legislation.

• Miranda v. Arizona (1966): Required law enforcement to inform individuals of their rights during an arrest, leading to the establishment of 'Miranda rights.'

• District of Columbia v. Heller (2008): Recognized an individual's right to possess firearms for self-defense, impacting gun rights legislation across the U.S.

• Dobbs v. Jackson Women's Health Organization (2022): Overturned Roe v. Wade, leading to a patchwork of state laws regarding abortion rights.

Ideology and Its Influence on the Supreme Court

Ideological Shifts and Their Consequences

• Changes in the Supreme Court's composition due to presidential appointments can lead to the establishment of new precedents or the rejection of existing ones.

• The appointment of conservative justices has resulted in decisions that expand gun rights and limit reproductive rights, reflecting a shift in legal interpretations.

• Example: The conservative majority's ruling in District of Columbia v. Heller (2008) expanded individual gun rights, influencing state laws on gun control.

• Rejection of precedents, such as in Dobbs v. Jackson, can create uncertainty and backlash, as seen in the varied state responses to abortion rights.

• Ideological shifts can lead to increased polarization within the Court, affecting public perception of its legitimacy.

Mechanisms of Influence on the Supreme Court

• Appointments: Presidential nominations can significantly alter the ideological balance of the Court, impacting long-term legal interpretations.

• Legislation: Congress can respond to unpopular Supreme Court decisions by passing laws that limit the Court's jurisdiction or modify related laws, creating tension between branches.

• Refusal to Implement: When the executive branch ignores Supreme Court rulings, it raises questions about the Court's authority and can lead to a constitutional crisis.

• State Resistance: States may resist implementing Supreme Court decisions, particularly those perceived as infringing on state rights, as seen in the aftermath of Brown v. Board of Education.

• Congressional Acts: Legislative actions, such as the Judiciary Act of 1869, demonstrate Congress's power to shape the Court's operations and jurisdiction.

Judicial Philosophy: Activism vs. Restraint

Judicial Activism

• Judicial activism involves judges making decisions based on personal or political considerations rather than strict legal interpretation.

• Activist judges may expand rights or reinterpret laws to address contemporary social issues, often taking an active role in shaping public policy.

• This approach is justified by the belief that courts should respond to injustices and protect individual rights, even if it means overturning established precedents.

• Example: Activist rulings have often addressed issues like civil rights, environmental protections, and healthcare access, reflecting societal needs.

• Critics argue that judicial activism undermines the separation of powers by encroaching on legislative authority.

Judicial Restraint

• Judicial restraint emphasizes a strict interpretation of the Constitution, prioritizing the original text and the framers' intent.

• Judges practicing restraint limit their power by deferring to the legislative branch and avoiding intervention in policy matters unless there is a clear constitutional violation.

• This philosophy supports the idea that changes to rights should come from the legislative process rather than judicial interpretation.

• Example: Restraint is often seen in rulings that uphold state laws or defer to elected representatives, maintaining the balance of power.

• Advocates argue that judicial restraint preserves the integrity of the judiciary and respects the democratic process.

Checks and Balances on Supreme Court Power

Mechanisms of Limiting Supreme Court Authority

• Constitutional Amendments: Amendments can change or nullify Supreme Court decisions, altering the legal landscape established by the Court.

• Judicial Appointments: The president nominates justices, and the Senate confirms them, allowing the legislative branch to influence the Court's composition.

• Executive Non-Compliance: The president may choose not to enforce Supreme Court rulings, raising questions about the Court's authority.

• State Resistance: States may resist implementing Supreme Court decisions, particularly those seen as infringing on state rights, leading to legal conflicts.

• Congressional Legislation: Congress can pass laws that limit the Court’s jurisdiction or alter the implications of its rulings, demonstrating legislative power over judicial interpretations.

Examples of Checks and Balances

• Constitutional Amendments: The 18th Amendment (Prohibition) and the 21st Amendment (repeal of Prohibition) illustrate how amendments can override the Court’s interpretations.

• Judicial Appointments: The confirmation of Justice Amy Coney Barrett in 2020 shifted the Court's balance to a more conservative stance, impacting future rulings.

• Executive Non-Compliance: President Andrew Jackson ignored the Court's ruling in Worcester v. Georgia (1832), allowing state laws against Native American sovereignty to continue.

• State Resistance: Some Southern states resisted the Brown v. Board of Education decision, delaying desegregation efforts and highlighting state-level defiance.

• Congressional Acts: The Judiciary Act of 1869 established the size of the Supreme Court and adjusted its jurisdiction, demonstrating Congressional power to shape the Court's operations.