2.9

Legitimacy of the Judicial Branch

  • Justice Elena Kagan's Statement: Emphasizes the dual responsibility of the Supreme Court to limit government overreach while respecting the choices of the American people.

Essential Question

  • Judicial Review & Life Tenure: The Supreme Court's authority in judicial review combined with life tenure raises debates about its legitimacy as the ultimate arbiter of law.

Consequences of Supreme Court Rulings

  • Influence on Americans: Supreme Court and lower court decisions can significantly impact citizens.

  • Critical Perspectives: Critics often challenge the legitimacy of the Court due to:

    • Judge ideology affecting decisions.

    • Unfavorable rulings leading to distrust in judicial power.

Common Law and Precedent

  • Common Law Definition: A body of court decisions forming part of law; precedents are established legal principles from these cases.

  • Stare Decisis: "Let the decision stand" - precedent governs common law.

  • Binding Precedent: Lower courts must follow higher court rulings to maintain legal consistency.

  • Persuasive Precedent: Past decisions from other jurisdictions serve as guidance but are not mandatory.

  • Judges' Discretion: Courts make decisions on a case-by-case basis, adapting to differing attitudes and interpretations over time.

Supreme Court's Role in National Policy

  • Judicial Review: Grants the Supreme Court significant power in establishing national policy.

  • Historical Impact: Shaping individual rights, government relationships, and responding to national supremacy and states' rights issues since its inception.

Historical Context of the Supreme Court

  • Early Years: Initially met with low esteem; operated under modest conditions until influenced by Chief Justice John Marshall.

  • Marshall's Leadership: Advocated for a united Court, expanding federal power, particularly in:

    • McCulloch v. Maryland (1819): Supported Congress’s ability to create a national bank.

    • Gibbons v. Ogden (1824): Strengthened Congress's power over interstate commerce.

    • Marbury v. Madison (1803): Established judicial review, asserting the Supreme Court's authority to invalidate legislation.

Continuity vs. Change in the Supreme Court

  • Long Tenure of Justices: Creates a sense of continuity in judicial customs and philosophies across generations.

  • Debates on Legitimacy: Critiques exist regarding the lack of accountability for justices:

    • Brutus' Argument: Without checks, justices may become too detached from democratic principles and accountable governance.

  • Changes in Composition: Shifts in justices' appointments can lead to significant ideological changes and potential overturning of precedents.

Current Supreme Court Justices

  • Current Composition: Includes justices appointed by various presidents, showing a mix of ideological backgrounds:

    • Clarence Thomas (G.H.W. Bush, Republican)

    • Stephen Breyer (Clinton, Democrat)

    • John Roberts, Chief Justice (G.W. Bush, Republican)

    • Samuel Alito (G.W. Bush, Republican)

    • Sonia Sotomayor (Obama, Democrat)

    • Elena Kagan (Obama, Democrat)

    • Neil Gorsuch (Trump, Republican)

    • Brett Kavanaugh (Trump, Republican)

    • Amy Coney Barrett (Trump, Republican)

Overturning Precedent

  • Judicial Dissent: Justices may choose to overturn precedent if they deem past rulings flawed:

    • Precedent in the context of legislation is often maintained for stability, whereas constitutional interpretations are more flexible.

  • Significant Cases:

    • Plessy v. Ferguson (1896): Upheld racial segregation in schools.

    • Brown v. Board of Education (1954): Overturned Plessy, declaring that "separate but equal" violates the Fourteenth Amendment's equal protection clause.

    • Grovey v. Townsend (1935): Allowed Democratic Party to set membership rules, later overturned by Smith v. Allwright (1944) that reinforced voting rights.

The Supreme Court Today

  • Current Dynamics: The ideological balance has shifted; some view the Court as leanings conservative yet unpredictable in its rulings.

  • Chief Justice Roberts' Leadership: Emphasizes judicial minimalism, promotes consensus, and narrowly targets legal inquiries adopted by the Court.

  • Public Perception: Approval ratings have varied significantly across political parties, highlighting polarized views on the Court's legitimacy.

Key Terms and Names

  • Binding Precedent: Legal rulings that lower courts are obliged to follow.

  • Persuasive Precedent: Non-binding decisions that guide judicial reasoning.

  • Stare Decisis: Doctrine promoting the adherence to precedent.

  • Judicial Review: The power of the Supreme Court to invalidate government actions.

  • Justices' Tenure: The practice of justices serving for life, affecting judicial continuity and legitimacy.