The Supreme Court’s Authority And Role - Constitutional Law

The Pres. Nominates Justices but Art. III §2, cl.2 says that the appointment won’t be effective unless the Senate approves it.

So it used to be the view that the Senate could reject a nominee only on grounds of incompetence or defects in character or temperament

But now (since Reagan) have a Judiciary Committee which feels free to probe even ideology but it doesn’t always make a difference cause nominee usually refuses talk about it.

Jusitces appointed to the ct “to hold their offices during good behavior” but Art. IV says officer of US. may be removed from office by Impeachment for and conviction of Treason, Bribery, or other High Crimes and misdemeanors

So ideology isn’t a proper ground for impeachment and there has never been a Justice impeached.

Congress has power to set the size of and budget for the Court & this can be a potential source of political checking on the courts power

(ie. setting the time at which the Court meets can be used to serve political means, increase # or justices, etc)

Congress, under Art. III §2, has the power to make “exceptions” to the Supreme Courts appellate jurisdiction

There have been failed congressional proposals to eliminate the Court’s appellate jurisdicition in such controversial areas and busing, abortion, and school prayer.

Internal Limits: Cong. Can’t remove the essential functions of the ct or do anything to destroy the essential role of the Sup. Ct., in the const. plan.

External Limits: Cong couldn’t bar Sup Ct. review by excluding certain litigants on the basis of race or political beliefs.

Art. V specifies 2 ways for Amend. Const:

1^st: Congress, by 2/3 vote, proposes amend which must be ratified by of the States

2^nd: 2/3 States apply to Congress to call a Constitutional Convention (never tried)

An amend to text of const. to reject a sup. Ct. ruling binds the Court and supersedes its prior decision.

Only done 4 times: (1) 11^th Amend overruled Chisholm v. Georgia & gave states immunity against certain suits in Fed ct. (2) 14^th Amend reversed Dred Scott decision & gave citizenship to former slaves (3) 16^th Amend circumvented Pollack v. Farms Loan to permit a fed income tax (4)26^th Amend overturned Oregon v. Mitchell & requires states to grant voting rights to 18 yr. olds.