1. Powers and Limitations of the Federal Courts
How the Court affects the other branches, the states and their respective powers
How the other branches and the states affect the Court and its powers

2. Powers of the Courts
The Federal Courts have the power to invalidate acts of Congress on the grounds of Constitutionality – if the Court determines that Congress acted beyond its Constitutional authority, it can invalidate the act (Judicial Review)
Marbury v. Madison
U.S. v. Lopez
Alabama v. Garrett

3. Powers of the Courts
The Federal Courts have the power to invalidate acts of state governments on the grounds of Constitutionality – if the Court determines that an act of a state conflict with the Constitution or with valid acts of Congress, it can invalidate the act
McCulloch v. Maryland
Brown v. Topeka Board of Education
Directing states to build additional prison to relieve overcrowding or release prisoners (ruling that overcrowding violates the 8th Amendment

4. Powers of the Courts
The Federal Courts have the power to invalidate acts of the executive on the grounds of Constitutionality – if the Court determines that the President or the bureaucracy acted in beyond his/its Constitutional authority, it can invalidate the act
Youngstown Sheet and Tube v. Sawyer (Steel Seizure Case)

5. Powers of the Court The Courts can define the powers of the Presidency
U.S. v. Nixon (Watergate Tapes Case) – a ruling about the existence and limitation of the doctrine of Executive Privilege

6. Powers of the Court
The Court can mediate and decide disputes between the other two branches.
U.S. v. Nixon Watergate Tapes Case) – acting through Congress, a special prosecutor demanded that President Nixon turn over the Watergate tapes. Nixon refused. The Supreme Court ordered him to do so.

7. Powers of the Courts
The Court can interpret the meaning of provisions in acts of Congress
Lily Ledbetter case: The Civil Rights Act of 1964 prohibits pay discrimination based on gender. It requires that all law suits to enforce the law be commenced within a certain amount of time. In Ledbetter v. Goodyear Tire and Rubber the Supreme Court interpreted the law as requiring the suit be commenced within a certain time of the first discriminatory paycheck, regardless of whether the plaintiff knew of the discrimination at the time.

8. Powers of the Courts
The Supreme Court may decide disputes between two states as part of it’s original jurisdiction
If New York and New Jersey both claimed Staten Island, the Court would try the case and determine which state had the more valid title.

9. Limitations, Restraints and Influences on the Courts
In General
Case in Controversy doctrine
Courts may not act unless someone brings a case to Court; they lack the power to act on their own
Courts may not issue “advisory opinions and limit the powers of another branch before it acts
Standing: courts may offer relief only to a person substantially affected by a law or action
Justiciability: courts should refuse overtly political cases

10. Limitations, Restraints and Influences on the Courts
In general (continued)
Courts are not completely free to act; they must follow the principle of Stare Decisis (precedent)
Courts are bound by existing laws, regardless how unwise or destructive they may be
Court decisions must be on the basis of the Constitution

11. Limitations, Restraints and Influences on the Courts
The President
The President can refuse to enforce the decisions of the Court; the Court has no independent enforcement mechanism
The President appoints the judges of the federal courts (including the Supreme Court)
CAUTION: this is generally an influence only not a limitation. Under what circumstances might this power of the President be a limitation of Court power?

12. Limitations, Restraints and Influences on the Courts
Congress
Federal court judges (including Supreme Court justices) are subject to Senatorial confirmation
CAUTION: this is generally an influence only not a limitation. Under what circumstances might this power of Congress be a limitation of Court power?
Congress may impeach and remove any federal judge
Congress may increase or decrease the number of federal judges

13. Limitations, Restraints and Influences on the Courts
Congress (continued)
Congress (with the states) can amend the Constitution and thus overcome the effects of a Supreme Court ruling
The 14th Amendment effectively overruled the Dred Scott decision
The 16th Amendment effectively overruled the Court’s declaration that the imposition of an income tax was unconstitutional

14. Limitations, Restraints and Influences on the Courts
Congress
Congress can repass an overturned statute
Either it can add greater definition to avoid the effects of a Court decision (Lily Ledbetter Fair Pay Act of 2009)
Or it can repass and hope a change in Court personnel causes a different decision to be reached (Partial birth abortion law)
Congress can change the jurisdiction of the federal courts (within Constitutional limitations)
Limit what kinds of cases courts can and cannot hear

15. Limitations, Restraints and Influences on the Courts
The States
State governments can drag their feet in complying with or enforcing Court decisions
Brown v. Topeka Board of Education, decided in 1954, required states to integrate their schools “as soon as practicable”. It took 20 years before a majority of African-American students in certain districts attended schools with whites.

16. Final Question
Given the forgoing powers of the federal courts over the other two branches of government and the limitations, restraints and limitations on the powers of the courts, do you agreee with Hamilton that the Judicial Branch is the “least dangerous” branch of government. Why or why not? Discuss.