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Why might the supreme court feel less political pressure in making judgments about the Constitution?
There are three main reasons for this: life tenure, lack of power, and purpose. The only way to remove a Supreme Court Justice from their office is impeachment: painstaking process. Furthermore, impeachments may only be brought about by accusations of treason and high crimes and misdemeanors.
As noted by Alexander Hamilton in Federalist 78:
- If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices, since nothing will contribute so much as this to that independent spirit in the judges which must be essential to the faithful performance of so arduous a duty.
Because the Supreme Court has life tenure, it has the ability to bypass the political influxes. There also are justices from many different eras. For example, Supreme Court Justice John Paul Stevens, born in 1920, is in an entirely different generation than Supreme Court Chief Justice John G. Roberts, Jr., born in 1955.
Hamilton continued by saying:
- Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Because the Supreme Court can neither fund or enforce its decisions, the judiciary can be considered the weakest of the three branches. The executive and legislature can, and have refused to follow through with Supreme Court decisions to prove this point.
The executive refused in Cherokee Nation v. Georgia, the Supreme Court was unable to enforce its decision when Andrew Jackson, president at the time, refused to follow through with the court's decision, and was famously quoted, "John Marshall has made his decision; now let him enforce it!" An example of the legislature's refusal followed Swann v. Charlotte-Mecklenberg Board of Education in 1971, when the Supreme Court ruled that busing of students for the sake of desegregation was constitutional, and Congress refused to fund the project. In fact, in 1978, Senator Joseph Biden introduced an anti-busing amendment to the HEW bill to further oppose the Court's decision.
It is also the judiciary's role to judge the constitutionality of a statute through the power of judicial review, as affirmed by the landmark decision Marbury v. Madison.
The legislature, on the other hand, must be re-elected: Representatives every 2 years, and Senators every 6. Due to this, they are highly susceptible to the occasional ousting, and feel much pressure from the public.
Thus, because the Supreme Court does not feel an obligation to cater to the public like the legislature, it can carry out unbiased decisions. It governed only by the Law of the Land: the Constitution.
What else can I help you with?
Why does the supreme court feel less political pressure than congress in making judgments about the constitution?
Appointment is for life. Beyond political restrabution.
Why does the supreme court not hear cases involving political questions?
Becase politics, as such, are not addressed in the Constitution. However, insofar as adjudicating actions arising from political matters (e.g.: the contested election of Bush v. Gore) the Court CAN arrive at judgments and decisions based on existing law and the Constitution as it is written. Arriving at a judgment on that election did NOT involve a political question, but a PROCEDURAL one.
What is the principle of the constitution in which people have supreme political power in the government?
What is the principle of the constitution in which people hace the supreme political power in government; also the practice of allowing each territory to decide for itself whether or not allowing slavery
What is the principle of the constitution in which people have the supreme political power in government?
What is the principle of the constitution in which people hace the supreme political power in government; also the practice of allowing each territory to decide for itself whether or not allowing slavery
Why are political questions solved by the U.S Supreme Court?
They are suppose to interpret the constitution. Think of them as the referee.
Has the US Supreme Court acted to restrict the political rights of the Constitution?
The supreme court has indeed acted to restrict the political rights of the constitution. In 1875 a group of women from Missouri appealed to the supreme court to challenge the Missouri law that denied them the right to vote in a case called Minor v. Happersett. The Supreme court ruled against these women based on the statement in our constitution "All men are created equal." It was not until congress passed the 19th amendment in 1920 that women received full political rights.
Why were supreme court justices given tenure subject due to good behavior by the framers of the constitution?
to avoid direct political pressure from the supreme court. they are also allowed to resign instead of going through the impeachment process...three judges have done this - mark delahay, george english, and sam kent
What factors should not influence Justices when they decide a case?
US Supreme Court Justices should not be influenced by Political pressure, popular opinion, or their own biases. They should only compare the case in the light of the US Constitution.
Whose political theory of government is used in Congress and the US Supreme Court?
John Locke's political theories are considered to have heavily influenced the US Constitution.
Why were supreme court justices given tenure subject to good behavior by the framers of the constitution?
to avoid direct political pressure from the supreme court. they are also allowed to resign instead of going through the impeachment process...three judges have done this - mark delahay, george english, and sam kent
Supreme court decisions can only be overturned by the court itself or by?
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. Because the Supreme Court simply bases its decisions on the Constitution, the decisions are not overturned. The decisions simply uphold the Constitution but do not have outside enforcement.Added: Short answer: (in the US) The Supreme Court is the highest court in the nation. Its rulings cannot be overturned unless done by a subsequent ruling of the same court.
What branch of government is assumed to be least likely to bend to political pressure?
The branch of government that is assumed to be least likely to bend to political pressure is the Supreme Court. They should remain impartial and fair at all times.
