2.11 Checks on the Judicial Branch

Introduction

1. Legislative Branch
2. Executive Branch
3. Judicial Review

Checks on the Supreme Court

Legislative Branch

• The legislative branch has the power to impeach and remove federal judges, including Supreme Court Justices, for "high crimes and misdemeanors." This is a significant check on the power of the Supreme Court, as it provides a means for holding Justices accountable for unethical or illegal behavior.
• The legislative branch can also pass laws that overrule Supreme Court decisions or limit the scope of judicial review. For example, Congress can pass a law that contradicts a Supreme Court ruling, or it can pass a constitutional amendment that clarifies the meaning of a provision of the Constitution.
• The legislative branch also has the power of the purse, which it can use to limit the resources available to the Supreme Court, such as funding for staff or infrastructure.
• Additionally, the legislative branch has the power to confirm Supreme Court Justices, which can have a significant impact on the direction and ideology of the Court. The Senate must approve presidential nominations to the Supreme Court.

Executive Branch

• Appointments: The President has the power to nominate Supreme Court Justices, and the Senate must approve these nominations. The executive branch therefore has significant influence over the makeup of the Supreme Court, and can shape its direction and ideology through the appointment of Justices who share the President's views.
• Enforcement of Court Decisions: The executive branch is responsible for enforcing Supreme Court decisions, and has discretion over the extent to which it enforces these decisions. If the executive branch chooses not to enforce a Supreme Court ruling, it can limit the impact and authority of the Court.
• Pardons: The President has the power to grant pardons, including for individuals convicted by the Supreme Court. This power can serve as a check on the Court's authority, as the President can effectively nullify a Supreme Court ruling by granting a pardon.
• Executive Orders: The President has the power to issue executive orders, which can impact the authority of the Supreme Court. For example, an executive order that contradicts a Supreme Court ruling can limit the Court's authority and impact its ability to enforce its decisions.

Judicial Review

1. Appellate Review: Decisions of the Supreme Court can be reviewed by higher courts, such as federal appeals courts or state supreme courts. This provides a means for the Supreme Court's decisions to be challenged and revised, and serves as a check on the power of the Supreme Court to interpret the Constitution.
2. Public Opinion: Public opinion can also serve as a check on the power of the Supreme Court. When the Court makes decisions that are perceived as controversial or unpopular, it can lead to public criticism and pressure on the Court to reconsider its decisions.
3. Congressional Action: As mentioned earlier, the legislative branch has the power to overrule Supreme Court decisions through the passage of laws or constitutional amendments, which serves as a check on the power of the Court to interpret the Constitution.

Nominations

Congress

• changing the Court’s jurisdiction
• modifying the impact of a Court decision after it has been made
• amending the Constitution in relation to the Court

Activism vs. Restraint