Checks on Judicial Power

1. Checks on Judicial Power Goals: To understand the limits to the power of the Judicial Branch To understand the role of checks and balances in our federal government

2. Limited Powers of Enforcement • If one does not comply with a court order, they can be charged with contempt of the court, but they can sometimes get away with it by ignoring the order for long periods of time • When the Supreme Court ruled that prayers shouldn't be allowed in public schools, many schools all over the country were still allowing those prayers

3. Congress • Congress confirms all presidential nominees to federal judgeships • They can impeach judges and justices • They can alter the organization of the federal court system (other than the Supreme Court) • They can amend the Constitution • Congress can also repass slightly different versions of a law the courts decided was unconstitutional • Congress can restrict the kinds of remedies that courts may impose

4. The President • The President appoints justices • He/she has the power to enforce or ignore Court decisions • Eisenhower was reluctant to back the Brown decision to integrate schools, but acted after massive resistance by state and local officials convinced him to do so

5. Public Opinion • If the Supreme Court strays too far from public opinion, the backlash can make the decision impossible to apply and weaken the Court's authority • Dred Scott v. Sanford (1857) declared that slaves cannot be citizens and that Congress had no power to forbid slavery in the US territories • The strong public outrage sparked a civil war

6. Public Opinion • Sometimes, the Court's decision will change as a result of changing public opinion • Plessy v. Ferguson (1896) decided that "separate but equal" public facilities were constitutional, but that decision was overturned in 1954 with the Brown v. Topeka Board of Education decision • Court views often reflect the values of the American society during a particular historical era