An Aspect of the American Political System: The Supreme Court

The Supreme Court

The Supreme Court compromises of the Chief Justice and Associate Justices. The number of the associates is fixed by congress and they are nominated by the President, and appointed with the consent of the Senate. Today, there are eight Associate Justices in the Supreme Court and there are Court Officers who help with its effective functioning.[1]

Comparing the branches, Court has members appointed, not elected, and it’s the only judicial body named in the Constitution where it’s powers and commitments are prescribed.[2] It is the final court of appeal and its able to pronounce any action by another branch unconstitutional. It is also the only power able to challenge or declare a state law unconstitutional.

Through checks and balances, it can be influenced and challenged by the other branches. The President can influence the Court through appointing the Federal Judge; who normally shares the President’s politics and social philosophy, or seeking support from the public or Congress. Additionally, Congress can adjust the size and administration of the Associates. A Court ruling could be overturned by amending the Constitution. For example, after Oregon v. Mitchell (1970) the Supreme Court ruling that was overturned by Congress with the ratification of the 26^th Amendment which extended the voting age to 18 year olds.[3]

The Court is arguably more passive due to the lack of bureaucracy in the government, shown after cases including Brown v. Board of Education, Topeka (1954), where the ruling was not in fact enforced until federal legislation was implemented to outlaw de jure segregation.[4] However it has made important changes in society from Griswold V. Connecticut (1965) overturning state laws banning contraception, to the ruling on same-sex marriage (2015).[5]

Sources:

McKay David, American Politics and Society. UK: Wiley-Blackwell, 2009.
Bowles Nigel, McMahon Robert, Government and Politics of the United States. Baskingstoke, Hampshire: Palgrave Macmillan, 2014.
https://www.supremecourt.gov/about/briefoverview.aspx

Photo:

http://www.nytimes.com/2015/06/27/us/supreme-court-same-sex-marriage.html?_r=1

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[1] Supreme Court of the United States, A Brief Overview of the Supreme Court, https://www.supremecourt.gov/about/briefoverview.aspx.

[2] Nigel Bowles, Robert McMahon, Government and Politics of the United States (Basingstoke, Hampshire: Palgrave Macmillan, 2014) p.211, 218.

[3] David McKay, American Politics and Society. (UK: Wiley-Blackwell, 2009), pp.331-332

[4] McKay, Politics and Society, p.336.

[5] Bowles, McMahon, Government and Politics, p.216.