October 10, 2002 THE UNITED STATES SUPREME COURT

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

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

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

Checking the Other Branches n Supreme Court and Congress n 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

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

Impartiality and the Practice of Decision-Making n Control over Docket –limited to cases put to the Supreme Court n Judicial Reasoning n Rules of Restraint n Styles of Decision-Making –judicial restraint vs. judicial activism –strict constructionism vs. non-constructionism

Styles of Decision-Making n judicial restraint vs. judicial activism n constructionism vs. non-constructionism

Constraints on the Courts n decision-making rules n composition/appointment –independence from President »nomination must be ratified by Senate »once appointed, President cannot remove n tenure -- life »President only has limited opportunities to appoint n concern with legitimacy

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

Composition of the US Supreme Court 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