3.3.1 Relations between Presidency and institutions

Question 1

4

Describe the relationship between the President and SC

Answer 1

• More stable than relationship with Congress
• Ability to pressure SC is limited due to unlimited tenure, salary protection and originalism
• Vacancies do not occur at will
• However can shape SC through nominations

Question 2

2

Describe the factors that effect the relationship between the President and SC

Answer 2

• Judicial review - defy or enable Presidential agenda
• Composition of SC - President more sympathetic to court that ideological majority closer to their own

Question 3

1

Give an example of a President criticising the SC

Answer 3

• Obama criticsed SC for Citizens United v FEC (2010) ruling in 2010 State of Union Address

Question 4

2

Give an example of the SC defying and enabling a President’s agenda

Answer 4

• Defying - United States v Texas 2016
• Enabling - NFIB v Sebellius 2012

Question 5

3

Give an example of a President trying to circumvent an SC ruling

Answer 5

• Biden v Nebraska 2023 - struck down Biden adminstration attempts to cancel $430bn student debt through invoking the Heroes Act 2002
• Now using existing federal student loan forgiveness programs (limited to specific catgeories of borrowers)
• Cancelled $153bn as of April 2024