Supreme Court of the United States

The Supreme Court of the United States, the highest court in the United States of America, is the head of the Judicial Branch of the Federal Government.

Checks and balances

The Constitution does not explicitly grant the Supreme Court the power of judicial review; nevertheless, the power of the Supreme Court to overturn laws and executive actions it deems unlawful or unconstitutional is a well-established precedent. Many of the Framers of the Constitution accepted the notion of judicial review; in Federalist No. 78, Alexander Hamilton writes: "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute." The Supreme Court first established its power to declare laws unconstitutional in Marbury v. Madison (1803), consummating the system of checks and balances.

Related Topics:
Federalist No. 78 - Alexander Hamilton - Marbury v. Madison - Checks and balances

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The Supreme Court cannot directly enforce its rulings; instead, it relies on respect for the Constitution and for the law for adherence to its judgments. One notable instance of nonacquiescence came in 1832, when the state of Georgia ignored the Supreme Court's decision in Worcester v. Georgia. President Andrew Jackson, who sided with the Georgia courts, is supposed to have remarked, "John Marshall has made his decision; now let him enforce it!"; however, this quotation is likely apocryphal. State militia in the South also resisted to desegregate schools after the judgment Brown v. Board of Education in the 1950s. More recently, many feared that President Richard Nixon would refuse to surrender the Watergate tapes, as he had been ordered to do by the Court in United States v. Nixon (1974). Nixon, however, ultimately complied with the Supreme Court's ruling.

Related Topics:
Nonacquiescence - Georgia - Worcester v. Georgia - John Marshall - Richard Nixon - Watergate tapes - United States v. Nixon

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The Constitution provides that the salary of a Justice may not be diminished during his or her continuance in office. This clause was intended to prevent Congress from punishing Justices for their decisions by reducing their emoluments. Together with the provision that Justices hold office for life, this clause helps guarantee judicial independence. However, as seen above, the President's practice of appointing justices with similar real, perceived or expected ideology can be seen to compromise judicial independence.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~