1. THE UNITED STATES SUPREME COURT
October 11th, 2005

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

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

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

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

6. Checking the Other Branches
Supreme Court and President
few major rulings curbing presidential power
constitutional language re: powers of the president is vague
aura 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 Congress

7. Power of the Court
“The Court’s only effective power is the power to persuade.” Henry J. Abraham, 1968.
confer legitimacy
where does the legitimacy of the court rest?
impartiality

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

9. Power of the Court
“The Court’s only effective power is the power to persuade.” Henry J. Abraham, 1968.
confer legitimacy
where does the legitimacy of the court rest?
impartiality
decisiveness
fit with broader political cultural consensus

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