supreme court power, checks n balances

institution

checks n balances

Supreme Court

uses judicial review to regulate presidential actions n acts of Congress

President

can appoint Justices to the SC when there is a vacancy

Congress

can overturn SC decisions alongside the states, by amending the constitution. can impeach n remove individual justices if they commit high crimes/midemeanours

are there only limited checks on the SC which provide few restrictions on justices?

judicial review:

  • most sig power they have » allows them to overturn the actions, policies n laws of an other US institution

  • in this way, the court is above Pres n Congress n can overturn their decisions if seen to be unconstitutional

  • court can also impact power of Fed govt v the states and the extent that civil liberties are protected

interpretation:

  • SC power is magnified by the vagueness of the US Constit

  • justices have a degree of freedom to achieve their preferred ideological outcomes as the US constit is shrot n ambiguous

independence:

  • the court is free from negative consequences when delivering decisions

are there only limited checks on the SC which provide few restrictions on justices?

scope:

  • the SC reacts to the actions of other institutions if it’s a constitutional matter

  • whilst Pres n Congress may make decisions on foreign policy, budget, tax, COVID etc

    • the SC doesn’t have this breadth

constitutional wording:

  • justices don’t have the freedom to interpret the Constit in any way

    • they have to operate within the boundaries of a justifiable meaning

  • the principle of stare decisis limits the current court in its ability to use its own judgement - though this principle is adhered to differently by different justice

external constraints:

  • Congress can ultimately overturn the rulings of the SC by amending the Constit but this is v rare

  • the Pres n Congress will use their authority to exert influence by arguing a particular outcome before the court delivers its ruling

  • the appointments’ process is not a major check/balance on the court

examples: issues the cause conflict between SC and other institutions

case

issue

ruling against

department of homeland v texas (2024)

  • Texas n other states sued the federal government to stop the ‘Keeping Families Together Parole in Place’ policy

  • allowed eligible noncitizens to apply for work authorisation n adjustment of status in the US without having to leave the country for processing

  • SC vacated an injunction that had prevented federal agents from cutting wire placed on the Texas-Mexico border by Texas

biden v nebraska (2023)

  • forgiveness of federal student loans by the Biden admin challenged by multiple states

  • Court issued 6-3 decision, striking down debt forgiveness program

nfib v department of Labour (2022)

  • Biden and OSHA tried to implement mandated covid-19 vaccinations/weekly testing for employees

  • SC ruled that OSHA exceeded its statutory authority, mandate addressed a public health issue beyond workplace safety

obergefell v hodges (2015)

  • SC addressed whether same-sex couples had constit right to marry under 14th amendment

  • Sc ruled that state bans on same-sex marriage violated equal protection n due process clauses

nlrb v canning (2014)

  • SC examined whether Obama’s recess appointments to National Labour Relations were constitutional

  • SC unanimously ruled that appointments were invalid as Senate was not actually in recess = limitation to pres’tial power to make recess appts

shelby v holder (2013)

  • SC considered whether Voting Rights Act’s formula for determining which jurisdictions required federal approval for voting changes was constitutional

  • SC invalidated formula 5-4 » violated state sovereignty

citizens united (2010)

  • SC addressed whether restrictions on independent political expenditures by corps n unions violated 1st amendment

  • SC ruled 5-4 that such restrictions were unconstitutional » thus allowed unlimited spending on political campaigns, as long as not coordinated w candidates