Debates on SC power

Question 1

arguments that the SC has too much power - judicial activism

Answer 1

Unelected judges can overrule decision made by elected bodies; often use judicial activism

Question 2

arguments that the SC has too much power - independent

Answer 2

There are few significant checks and balances on the judiciary; they’re appointed for life, fully independent
Can only be removed through impeachment, which is very rare (not a single Supreme Court judge has ever been impeached)
Changing the constitution to overrule the Supreme Court is very difficult

Question 3

arguments that the SC has too much power - partisan

Answer 3

The Supreme Court uses powers in a biased way, not neutral. The partisan, political nature of the court means rulings are expressions of political opinion, instead of neutral interpretations of the law

Question 4

arguments that the SC does not have too much power - checks and balances

Answer 4

Its constitutional role is to limit government power, so it has to be powerful; it’s what the system of checks and balances requires

Question 5

arguments that the SC does not have too much power - constitution

Answer 5

The Supreme Court has to work with the constitution, and does not make the law or even, in the end, the constitution. The final say over the constitution lays with Congress and the states.

Question 6

argument that the SC does not have too much power - judicial restraint

Answer 6

Often the courts demonstrate judicial restraint

Question 7

Sc does not have too much power - court cases

Answer 7

Judges can not start a court case themselves. It is private citizens, pressure groups or businesses who have to initiate judicial review.

Question 8

arguments that the SC is more political than judicial

Answer 8

Appointment process is partisan

Decisions are partisan – split by ideology

Judicial activism and ‘living constitution’, SCOTUS as policy makers, court can (and does) overrule elected branches

Question 9

arguments that the SC is more judicial

Answer 9

Highly qualified judges, independent from elected branches

Judicial restraint, originalists

Courts base decisions on constitution and laws passed by Congress, has to work with laws and constitution as decided by Congress (and the states)