Announcement! Political Science Students Association (PSSA)Political Science Students Association (PSSA) TODAY at 2:30 PM in the PSCI lounge (HH 342)TODAY.

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Announcement! Political Science Students Association (PSSA)Political Science Students Association (PSSA) TODAY at 2:30 PM in the PSCI lounge (HH 342)TODAY at 2:30 PM in the PSCI lounge (HH 342)

October 11th, 2005 THE UNITED STATES SUPREME COURT

Supreme Court: Functions final “Court of Appeal”final “Court of Appeal” adjudicates disputes between government branchesadjudicates disputes between government branches

Declare Laws Unconstitutional Declare Acts Unconstitutional OVERVIEW: FORMAL CHECKS AND BALANCES

Supreme Court: Functions final “Court of Appeal”final “Court of Appeal” adjudicates disputes between government branchesadjudicates disputes between government branches adjudicate between orders of governmentadjudicate between orders of government

Supreme Court: Functions final “Court of Appeal”final “Court of Appeal” adjudicates disputes between government branchesadjudicates disputes between government branches adjudicate between orders of governmentadjudicate between orders of government adjudicate between governments (both state and federal) and citizensadjudicate between governments (both state and federal) and citizens

Supreme Court: Functions final “Court of Appeal”final “Court of Appeal” adjudicates disputes between government branchesadjudicates disputes between government branches adjudicate between orders of governmentadjudicate between orders of government adjudicate between governments (both state and federal) and citizensadjudicate between governments (both state and federal) and citizens –the Bill of Rights

Declare Laws Unconstitutional Declare Acts Unconstitutional OVERVIEW: FORMAL CHECKS AND BALANCES

Declare Laws Unconstitutional Declare Acts Unconstitutional OVERVIEW: FORMAL CHECKS AND BALANCES

Checking the Other Branches Supreme Court and CongressSupreme Court and Congress –what happens when the two disagree Congress accepts Supreme Court decisionCongress accepts Supreme Court decision constitutional amendment (rare)constitutional amendment (rare)

Checking the Other Branches Supreme Court and CongressSupreme Court and Congress –what happens when the two disagree Congress accepts Supreme Court decisionCongress accepts Supreme Court decision constitutional amendment (rare)constitutional amendment (rare) pass slightly revised lawpass slightly revised law –often at Supreme Court’s suggestion

Checking the Other Branches Supreme Court and CongressSupreme Court and Congress –what happens when the two disagree Congress accepts Supreme Court decisionCongress accepts Supreme Court decision constitutional amendment (rare)constitutional amendment (rare) pass slightly revised lawpass slightly revised law –often at Supreme Court’s suggestion mainly depends on the political popularity of what Congress is doing!mainly depends on the political popularity of what Congress is doing!

Checking the Other Branches Supreme Court and PresidentSupreme Court and President –few major rulings curbing presidential power constitutional language re: powers of the president is vagueconstitutional language re: powers of the president is vague aura of presidencyaura of presidency –Court has upheld sweeping presidential powers in foreign and military affairs –shield of joint action president strongest against judicial challenge when acting in conjunction with Congresspresident strongest against judicial challenge when acting in conjunction with Congress

Power of the Court n “The Court’s only effective power is the power to persuade.” Henry J. Abraham, n confer legitimacy n where does the legitimacy of the court rest? –impartiality

Impartiality and the Practice of Decision-Making Control over DocketControl over Docket –limited to cases put to the Supreme Court Judicial ReasoningJudicial Reasoning Rules of RestraintRules of Restraint

Styles of Decision-Making judicial restraint vs. judicial activismjudicial restraint vs. judicial activism strict constructionism vs. broad (loose) constructionismstrict constructionism vs. broad (loose) constructionism

Impartiality and the Practice of Decision-Making Control over DocketControl over Docket –limited to cases put to the Supreme Court Judicial ReasoningJudicial Reasoning Rules of RestraintRules of Restraint

Impartiality and the Practice of Decision-Making Control over DocketControl over Docket –limited to cases put to the Supreme Court Judicial ReasoningJudicial Reasoning Rules of RestraintRules of Restraint composition/appointmentcomposition/appointment –independence from President

Impartiality and the Practice of Decision-Making Control over DocketControl over Docket –limited to cases put to the Supreme Court Judicial ReasoningJudicial Reasoning Rules of RestraintRules of Restraint composition/appointmentcomposition/appointment –independence from President

Impartiality and the Practice of Decision-Making Control over DocketControl over Docket –limited to cases put to the Supreme Court Judicial ReasoningJudicial Reasoning Rules of RestraintRules of Restraint composition/appointmentcomposition/appointment –independence from President nomination must be ratified by Senatenomination must be ratified by Senate

Confirms Nominations, Impeach Nominates Judges OVERVIEW: FORMAL CHECKS AND BALANCES

Impartiality and the Practice of Decision-Making Control over DocketControl over Docket –limited to cases put to the Supreme Court Judicial ReasoningJudicial Reasoning Rules of RestraintRules of Restraint composition/appointmentcomposition/appointment –independence from President nomination must be ratified by Senatenomination must be ratified by Senate

Impartiality and the Practice of Decision-Making Control over DocketControl over Docket –limited to cases put to the Supreme Court Judicial ReasoningJudicial Reasoning Rules of RestraintRules of Restraint composition/appointmentcomposition/appointment –independence from President nomination must be ratified by Senatenomination must be ratified by Senate once appointed, President cannot removeonce appointed, President cannot remove –tenure -- life

Impartiality and the Practice of Decision-Making Control over DocketControl over Docket –limited to cases put to the Supreme Court Judicial ReasoningJudicial Reasoning Rules of RestraintRules of Restraint composition/appointmentcomposition/appointment –independence from President nomination must be ratified by Senatenomination must be ratified by Senate once appointed, President cannot removeonce appointed, President cannot remove –tenure -- life President only has limited opportunities to appointPresident only has limited opportunities to appoint

Power of the Court n “The Court’s only effective power is the power to persuade.” Henry J. Abraham, n confer legitimacy n where does the legitimacy of the court rest? –impartiality

Power of the Court n “The Court’s only effective power is the power to persuade.” Henry J. Abraham, n confer legitimacy n where does the legitimacy of the court rest? –impartiality –decisiveness

Power of the Court n “The Court’s only effective power is the power to persuade.” Henry J. Abraham, n confer legitimacy n where does the legitimacy of the court rest? –impartiality –decisiveness –fit with broader political cultural consensus

Main Point! the Supreme Court is critical in enforcing the separation-of-powers systemthe Supreme Court is critical in enforcing the separation-of-powers system the main source of the Court’s power is its legitimacythe main source of the Court’s power is its legitimacy

October 13th, 2005 THE POLITICS OF THE SUPREME COURT

Composition of the US Supreme Court (08/05) Liberal/Moderate Swing Votes Conservative J.P. Stevens J.P. Stevens Republican 1975 (Ford) Retire 2001 D. Souter D. Souter Republican 1990 (Bush) Retire 2020 R. Bader Ginsburg R. Bader Ginsburg Democrat 1993 (Clinton) Retire 2009 S. Day O’Connor S. Day O’Connor Republican 1981 (Reagan). Retire 2011 S. Breyer S. Breyer Democrat 1994 (Clinton). Retire 2019 A. Kennedy A. Kennedy Republican 1988 (Reagan) Retire 2017 C. Thomas C. Thomas Republican 1991 (Bush) Retire 2029 A. Scalia A. Scalia Republican 1986 (Reagan) Retire 2017 W.H. Rehnquist (Chief Justice) W.H. Rehnquist (Chief Justice) Republican 1975 (Ford) Retire 2005

Composition of the US Supreme Court (08/05) Liberal/Moderate Swing Votes Conservative J.P. Stevens J.P. Stevens Republican 1975 (Ford) Retire 2001 D. Souter D. Souter Republican 1990 (Bush) Retire 2020 R. Bader Ginsburg R. Bader Ginsburg Democrat 1993 (Clinton) Retire 2009 S. Day O’Connor S. Day O’Connor Republican 1981 (Reagan). Retire 2011 S. Breyer S. Breyer Democrat 1994 (Clinton). Retire 2019 A. Kennedy A. Kennedy Republican 1988 (Reagan) Retire 2017 C. Thomas C. Thomas Republican 1991 (Bush) Retire 2029 A. Scalia A. Scalia Republican 1986 (Reagan) Retire 2017 W.H. Rehnquist (Chief Justice) W.H. Rehnquist (Chief Justice) Republican 1975 (Ford) Retire 2005

Composition of the US Supreme Court (08/05) Liberal/Moderate Swing Votes Conservative J.P. Stevens J.P. Stevens Republican 1975 (Ford) Retire 2001 D. Souter D. Souter Republican 1990 (Bush) Retire 2020 R. Bader Ginsburg R. Bader Ginsburg Democrat 1993 (Clinton) Retire 2009 S. Day O’Connor S. Day O’Connor Republican 1981 (Reagan). Retire 2011 S. Breyer S. Breyer Democrat 1994 (Clinton). Retire 2019 A. Kennedy A. Kennedy Republican 1988 (Reagan) Retire 2017 C. Thomas C. Thomas Republican 1991 (Bush) Retire 2029 A. Scalia A. Scalia Republican 1986 (Reagan) Retire 2017 W.H. Rehnquist (Chief Justice) W.H. Rehnquist (Chief Justice) Republican 1975 (Ford) Retire 2005

Composition of the US Supreme Court (08/05) Liberal/Moderate Swing Votes Conservative J.P. Stevens J.P. Stevens Republican 1975 (Ford) Retire 2001 D. Souter D. Souter Republican 1990 (Bush) Retire 2020 R. Bader Ginsburg R. Bader Ginsburg Democrat 1993 (Clinton) Retire 2009 S. Day O’Connor S. Day O’Connor Republican 1981 (Reagan). Retire 2011 S. Breyer S. Breyer Democrat 1994 (Clinton). Retire 2019 A. Kennedy A. Kennedy Republican 1988 (Reagan) Retire 2017 C. Thomas C. Thomas Republican 1991 (Bush) Retire 2029 A. Scalia A. Scalia Republican 1986 (Reagan) Retire 2017 W.H. Rehnquist (Chief Justice) W.H. Rehnquist (Chief Justice) Republican 1975 (Ford) Retire 2005

Composition of the US Supreme Court (10/05) Liberal/Moderate Swing Votes Conservative J.P. Stevens J.P. Stevens Republican 1975 (Ford) Retire 2001 D. Souter D. Souter Republican 1990 (Bush) Retire 2020 R. Bader Ginsburg R. Bader Ginsburg Democrat 1993 (Clinton) Retire 2009 S. Day O’Connor S. Day O’Connor Republican 1981 (Reagan). Retire 2011 S. Breyer S. Breyer Democrat 1994 (Clinton). Retire 2019 A. Kennedy A. Kennedy Republican 1988 (Reagan) Retire 2017 C. Thomas C. Thomas Republican 1991 (Bush) Retire 2029 A. Scalia A. Scalia Republican 1986 (Reagan) Retire 2017 John G. Roberts (Chief Justice) John G. Roberts (Chief Justice) Republican 2005 (Bush 43) Retire 2030

Composition of the US Supreme Court (2006?) Liberal/Moderate Swing Votes Conservative J.P. Stevens J.P. Stevens Republican 1975 (Ford) Retire 2001 D. Souter D. Souter Republican 1990 (Bush) Retire 2020 R. Bader Ginsburg R. Bader Ginsburg Democrat 1993 (Clinton) Retire 2009 H. Miers H. Miers Republican 2005 (Bush 43). Retire 2020 S. Breyer S. Breyer Democrat 1994 (Clinton). Retire 2019 A. Kennedy A. Kennedy Republican 1988 (Reagan) Retire 2017 C. Thomas C. Thomas Republican 1991 (Bush) Retire 2029 A. Scalia A. Scalia Republican 1986 (Reagan) Retire 2017 John G. Roberts (Chief Justice) John G. Roberts (Chief Justice) Republican 2005 (Bush 43) Retire 2030

Composition of the US Supreme Court (2006?) Liberal/Moderate Swing Votes Conservative J.P. Stevens J.P. Stevens Republican 1975 (Ford) Retire 2001 D. Souter D. Souter Republican 1990 (Bush) Retire 2020 R. Bader Ginsburg R. Bader Ginsburg Democrat 1993 (Clinton) Retire 2009 H. Miers H. Miers Republican 2005 (Bush 43). Retire 2020 S. Breyer S. Breyer Democrat 1994 (Clinton). Retire 2019 A. Kennedy A. Kennedy Republican 1988 (Reagan) Retire 2017 C. Thomas C. Thomas Republican 1991 (Bush) Retire 2029 A. Scalia A. Scalia Republican 1986 (Reagan) Retire 2017 John G. Roberts (Chief Justice) John G. Roberts (Chief Justice) Republican 2005 (Bush 43) Retire 2030

Main Point! the Supreme Court is politicalthe Supreme Court is political however, it is politics by other meanshowever, it is politics by other means –must conform to rules of judicial reasoning –decisions and behaviour of the courts are constrained by the need to maintain legitimacy