Checks on the Power of the Supreme Court

Problem? Most people feel that the Supreme Court is unlimited in its power Justices serve for life, and therefore can make decisions that run contrary to popular opinion without fear of being ousted There is no direct method for Congress or the Executive branch to overturn a court decision; only the court itself can reverse a decision

Why Set Up a Court System Like This? Remember Fed. 10? Factions and Tyranny of the majority? The Framers recognized the need for an isolated branch to ensure against ‘democracy run amok’ If the other two branches could simply overturn a court’s ruling, then the court would be powerless to restrain the abuses of power by the other two branches

But there ARE checks on the Supreme Court’s power Legislative Branch Sets the number of justices on the Supreme Court Can alter the APPELLATE jurisdiction of the Supreme Court Creates the lower courts Can impeach judges/justices Can amend the Constitution (16th Amendment) Can write new legislation around a Supreme Court ruling

But there ARE checks on the Supreme Court’s power Executive Branch Appoints judges May refuse to carry out Court’s rulings (may result in punishment later) Most famous case: Jackson quipped ‘John Marshall has made his decision, now let him enforce it’ when the court ruled that Jackson could not remove Cherokee Indians from their homeland. Jackson forcibly removed the Cherokee Nation in a process that was later dubbed ‘the Trail of Tears’.

But there ARE checks on the Supreme Court’s power Public Opinion Supreme Court must rely on people to bring the case to the court system/Supreme Court If rulings stray too far from public opinion, people no longer see the Court as valid Court relies on popularly elected officials to carry out its decisions

Needs to get his facts straight