The SC &
Congressional Power:
Affordable
Care Act 2012 (Obamacare):
- Went through the court 5-4. The liberal judges ensured that it went through.
- The court didn’t “uphold the act” but Chief Justice Roberts claimed that it was “writing the majority”
- Democrats in Congress and Obama himself supported it and to make the act popular, Obama sent it to the court to ensure that it retained the public opinion.
- It was not about the act, it was about the relationship between Congress and the SC.
- “Congress has power to regulate commerce not compel it”
The
SC & Presidential Power:
Bush
& Guantanamo Bay:
- Argued that detainees should have access to USA federal courts to challenge their dentation.
- Rejected the view that detainees were outside the jurisdiction of the federal courts
- ‘Trying’ people is unconstitutional. Significant limited on the commander-in-chief role of the POTUS
- In 2008, the court said the detainees should get a day in court at least.
Obama
& Recess Appointments:
- Court said that Obama was allowed to make recess appointments and it was no unconstitutional because the House had not stated when it was going on recess and it shouldn’t be going into recess.
- The appointments made will stand.
Limits
on the Supreme Court:
- Limited in enforcing what they do: Brown vs the Board of Education 1954 saw that segregation in schools should not happen but no body followed it until the military forced them.
- No Power of Initiative: Cases must be submitted to the court, it cannot pick and choose. An appellant who claims to have been treated unfairly can bring a case to the courts.
- Constitutional Amendments: If the court declares that an act of Congress is unconstitutional, Congress can opt for amending the Constitution.
- Self-Restraint: No political bias. Don’t endorse Presidential candidates. This does not work in reality.
Is the Supreme Court
a Political Institution:
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Yes:
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No:
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Appointed by a politician
(the POTUS)
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Members are judges not
politicians
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Confirmed by politicians
(Senate) on party line
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Court is independent –
not subject to political pressure
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Makes decisions on issues
that feature in elections e.g abortion, gun control which the two
main parties disagree with
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Judges do not involve
themselves in party politics, elections, campaigning and endorsing
candidates
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Some decisions have a
quasi-legislative effect: if a new law has been passed.
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Makes decisions based upon
legal and constitutional argument not political ideology.
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Some people describe it as
a ‘third house of the legislature’
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Does the Supreme
Court have too much Power:
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Yes:
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No:
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The court gave itself the
power of judicial review
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Checked by Congress which
may initiate constitutional amendments in order to override the
court
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Declared more acts of
Congress unconstitutional over the decades
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Congress has power of
impeachment
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Made decisions that are out
of line with the majority of the public
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No initiative power
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Unelected body
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Dependent on the rule of
law and other branches of government to enforce its decisions
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Largely unaccountable body
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Public opinion is a
restraining force on the court’s power
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Abused its power to bring
about significant policy change (e.g abortion, same-sex rights)
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Checked by the words of the
Constitution: Where it is precise and not open to interpretation
by the court.
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Has too much power when
justices believe in a living Constitution
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