Announcement! Political Science Students Association (PSSA)Political Science Students Association...

Announcement!Announcement!

• Political Science Students Association Political Science Students Association (PSSA) (PSSA)

• TODAY at 2:30 PM in the PSCI lounge TODAY at 2:30 PM in the PSCI lounge (HH 342)(HH 342)

October 11th, 2005October 11th, 2005

THE UNITED STATES THE UNITED STATES SUPREME COURTSUPREME COURT

Supreme Court:Supreme Court:FunctionsFunctions

• final “Court of Appeal”final “Court of Appeal”

• adjudicates disputes between government adjudicates disputes between government branchesbranches

Declare Laws Declare Laws UnconstitutionalUnconstitutional

Declare Acts Declare Acts UnconstitutionalUnconstitutional

OVERVIEW: FORMAL CHECKS AND BALANCES




• adjudicate between orders of governmentadjudicate between orders of government





• adjudicate between governments (both adjudicate between governments (both state and federal) and citizensstate and federal) and citizens





• adjudicate between governments (both adjudicate between governments (both state and federal) and citizensstate and federal) and citizens– the Bill of Rightsthe Bill of Rights

Declare Laws Declare Laws UnconstitutionalUnconstitutional

Declare Acts Declare Acts UnconstitutionalUnconstitutional


Checking the Other BranchesChecking the Other Branches

• Supreme Court and CongressSupreme Court and Congress– what happens when the two disagreewhat happens when the two disagree

• Congress accepts Supreme Court decisionCongress accepts Supreme Court decision• constitutional amendment (rare)constitutional amendment (rare)



• Congress accepts Supreme Court decisionCongress accepts Supreme Court decision• constitutional amendment (rare)constitutional amendment (rare)• pass slightly revised lawpass slightly revised law

– often at Supreme Court’s suggestionoften at Supreme Court’s suggestion



• Congress accepts Supreme Court decisionCongress accepts Supreme Court decision• constitutional amendment (rare)constitutional amendment (rare)• pass slightly revised lawpass slightly revised law

– often at Supreme Court’s suggestionoften at Supreme Court’s suggestion

• mainly depends on the political popularity of mainly depends on the political popularity of what Congress is doing!what Congress is doing!

Checking the Other BranchesChecking the Other Branches• Supreme Court and PresidentSupreme Court and President

– few major rulings curbing presidential powerfew major rulings curbing presidential power• constitutional language re: powers of the constitutional language re: powers of the

president is vaguepresident is vague• aura of presidencyaura of presidency

– Court has upheld sweeping presidential Court has upheld sweeping presidential powers in foreign and military affairspowers in foreign and military affairs

– shield of joint actionshield of joint action• president strongest against judicial challenge president strongest against judicial challenge

when acting in conjunction with Congresswhen acting in conjunction with Congress

Power of the CourtPower of the Court

““The Court’s only effective power is the The Court’s only effective power is the power to persuade.” Henry J. Abraham, power to persuade.” Henry J. Abraham, 1968.1968.

confer legitimacyconfer legitimacy where does the legitimacy of the court rest?where does the legitimacy of the court rest?

– impartialityimpartiality

Impartiality and the Practice of Impartiality and the Practice of Decision-MakingDecision-Making

• Control over DocketControl over Docket– limited to cases put to the Supreme Courtlimited to cases put to the Supreme Court

• Judicial ReasoningJudicial Reasoning

• Rules of RestraintRules of Restraint

Styles of Decision-MakingStyles of Decision-Making

• judicial restraint vs. judicial activismjudicial restraint vs. judicial activism

• strict constructionism vs. broad (loose) strict constructionism vs. broad (loose) constructionismconstructionism





• composition/appointmentcomposition/appointment– independence from Presidentindependence from President






• nomination must be ratified by Senatenomination must be ratified by Senate

Confirms Nominations, Impeach

Nominates Judges







• nomination must be ratified by Senatenomination must be ratified by Senate

Impartiality and the Practice of Impartiality and the Practice of Decision-MakingDecision-Making• Control over DocketControl over Docket

– limited to cases put to the Supreme Courtlimited to cases put to the Supreme Court

• Judicial ReasoningJudicial Reasoning• Rules of RestraintRules of Restraint• composition/appointmentcomposition/appointment

– independence from Presidentindependence from President• nomination must be ratified by Senatenomination must be ratified by Senate• once appointed, President cannot removeonce appointed, President cannot remove

– tenure -- lifetenure -- life

Impartiality and the Practice of Impartiality and the Practice of Decision-MakingDecision-Making• Control over DocketControl over Docket

– limited to cases put to the Supreme Courtlimited to cases put to the Supreme Court

• Judicial ReasoningJudicial Reasoning• Rules of RestraintRules of Restraint• composition/appointmentcomposition/appointment

– independence from Presidentindependence from President• nomination must be ratified by Senatenomination must be ratified by Senate• once appointed, President cannot removeonce appointed, President cannot remove

– tenure -- lifetenure -- life

• President only has limited opportunities to appointPresident only has limited opportunities to appoint




– impartialityimpartiality




– impartialityimpartiality– decisivenessdecisiveness




– impartialityimpartiality– decisivenessdecisiveness– fit with broader political cultural consensusfit with broader political cultural consensus

Main Point!Main Point!

• the Supreme Court is critical in enforcing the Supreme Court is critical in enforcing the separation-of-powers systemthe separation-of-powers system

• the main source of the Court’s power is the main source of the Court’s power is its its legitimacylegitimacy

October 13th, 2005October 13th, 2005

THE POLITICS OF THE THE POLITICS OF THE SUPREME COURTSUPREME COURT

Composition of the US Supreme Court (08/05)Composition of the US Supreme Court (08/05)

Liberal/ModerateLiberal/Moderate

Swing VotesSwing Votes

ConservativeConservative

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 W.H. Rehnquist (Chief (Chief

Justice)Justice) Republican 1975 (Ford) Retire 2005

Composition of the US Supreme Court (10/05)Composition of the US Supreme Court (10/05)







S. Day O’Connor S. Day O’Connor Republican 1981 (Reagan). Retire 2011





John G. Roberts John G. Roberts (Chief (Chief

Justice)Justice) Republican 2005 (Bush 43) Retire 2030

Composition of the US Supreme Court (2006?)Composition of the US Supreme Court (2006?)







H. Miers H. Miers Republican 2005 (Bush 43). Retire 2020





John G. Roberts John G. Roberts (Chief (Chief

Justice)Justice) Republican 2005 (Bush 43) Retire 2030

Main Point!Main Point!

• the Supreme Court is the Supreme Court is politicalpolitical

• however,however, it is politics by other means it is politics by other means– must conform to rules of judicial reasoningmust conform to rules of judicial reasoning

– decisions and behaviour of the courts are decisions and behaviour of the courts are constrained by the need to maintain constrained by the need to maintain legitimacylegitimacy

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