what is the extent of the supreme court power and the effectiveness of its checks and balances?

supreme court: uses judicial review to regulate presidential actions and acts of congress

president: can appoint justices to SC when vacancy

congress: can overturn SC decisions alongside the states, by amending the constitution. can impeach + remove individuals justices if they commit high crimes/misdemeanours

Are there only limited checks on the Supreme Court which provide few restrictions on justices? Yes.

Judicial Review

• This is the most significant power they have – allowing them to overturn the actions, policies and laws of any other US institution.

• In this sense the court is above President and Congress and can overturn their decisions if seen to be unconstitutional.

• The court can also impact power of Federal Government v the states and the extent that civil liberties are protected.

Interpretation

• Supreme Court power is magnified by the vagueness of the US Constitution. 

• Justices have a degree of freedom to achieve their preferred ideological outcomes because the US Constitution is short and ambiguous.

Independence

• The court is free from negative consequences when delivering decisions.

Are there only limited checks on the Supreme Court which provide few restrictions on justices? No.

Scope

• The Supreme Court reacts to the actions of other institutions if it is a constitutional matter. 

• Whilst President and Congress may make decisions on foreign policy, budget, tax, COVID etc – the Supreme Court doesn’t have this breadth.

Constitutional Wording

• Justices do not have the freedom to interpret the Constitution 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 justices.

External Constraints

• Congress can ultimately overturn the rulings of the Supreme Court by amending the Constitution but this is very rare.

• The President and 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 of cases

The issue that brings the Supreme Court into conflict with another institution is the balance of power between federal and state governments, or between different branches of government, often involving constitutional limits. The Supreme Court typically rules against state governments, federal agencies, or laws that exceed constitutional authority.