Evaluate the extent to which the US Supreme Court is an imperial judiciary.

Question 1

Introduction - Theme

Answer 1

• Checks and Balances
• Impact of Decisions
• Constitution

Question 2

Introduction - Argument

Answer 2

The Supreme Court is an imperial institution with massive influence and dictation over the nature of American politics

Question 3

Imperilled - Checks and Balances - Point

Answer 3

There are many checks and balances on the Supreme Court that prevent them from being an imperial judiciary, including the power of impeachment and the appointment process

Question 4

Imperilled - Checks and Balances - Examples

Answer 4

• In Article III of the Constitution, it states that judges must display ‘good behaviour,’ this has been taken to mean that if they do not they can be impeached, in 1968 Justice Fortas resigned to avoid this
• The appointment process also provides checks from both the President and the Senate. It was Biden who nominated Ketanji Brown-Jackson and the Senate that confirmed her 53-47

Question 5

Imperial - Checks and Balances - Point

Answer 5

However, the checks that are in place are weak and can easily be overturned by the court, impeach of a Justice has never happened, and the appointment process is more political than actually effective

Question 6

Imperial - Checks and Balances - Examples

Answer 6

• It has recently come to light that a Republican Party donor has been paying Clarence Thomas’s son’s school fees and he has not been impeached despite this obvious conflict of interests
• Brett Kavanagh was appointed in 2018 despite being accused of sexual assult by Professor Bissey and others. As a Supreme Court Judge he was able to repeal Roe v Wade which took away the rights of women to get an abortion

Question 7

Imperilled - Impact of Decisions - Point

Answer 7

The Supreme Court faces an issue in that they have no ower to enforce their decisions rather they rely on Congress, the President and the States to do so

Question 8

Imperilled - Impact of Decisions - Examples

Answer 8

• In the 2004 case, Rasul v Bush, the Supreme Court ruled that keeping suspected terrorists in Guantanamo Bay without trial was against the Constitution - yet Guantanamo Bay remains open to this day
• In 2006, the SC renewed the issue again in the Baumedienne v Bush case ruling one again to close Guantanamo Bay. Even when Obama tried to close the prison he faced so much opposition in Congress, that he was forced to disregard it

Question 9

Imperial - Impact of Decisions - Point

Answer 9

The decisions that the President disregards are few and far between - it is more often the case that decisions by the Supreme Court have significant impact on the country

Question 10

Imperial - Impact of Decisions - Examples

Answer 10

• The Dobbs v Jackson case overturned Roe v Wage and has meant abortion is now illegal in 13 states - this has massively impacted the rights of American women
• The Obergefell v Hodger case in 2015 was a turning point in American history when gay marriage was made legal in all states, despite objection by many groups

Question 11

Imperilled - Constitution - Point

Answer 11

The ultimate aims of the Supreme Court is to uphold what is said in the Constitution - therefore, the biggest control on the Supreme Court is the Constitution. Every single case is decided by the Constitution

Question 12

Imperilled - Constitution - Examples

Answer 12

• The case of Trump v Hawaii was concerning Trump’s policy which stoped people from certain Muslim majority countries from entering the US. The SC ruled in favour of Trump citing the fact there was nothing to stop him in the Constitution
• The Merill v Milligan case is in the Supreme Court because Alabama is said to be infringing on the 14th and 15th Amendment with how its draw its voting districts

Question 13

Imperial - Constitution - Point

Answer 13

The main reason why the Supreme Court exists is because the Constitution is up to interpretation, therefore judges have massive influence as they are able to interpret what the Constitution says

Question 14

Imperial - Constitution - Examples

Answer 14

• The 2nd Amendment is prehaps one of the most controversial parts of the Constitution that is up for philosophical interpretation. It depends if you believe it give the right to bear arms or not
• Around 7,000 - 8,000 cases are sent to the Supreme Court per year and only around 75-80 of those case are heard. Thus, they are imperial in the sense they can chose what cases define them