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Chapter Nine: The Judiciary
Contrary to general notions of balance between the branches of government, the judiciary is arguably the weakest of the three.
The Supreme Court possesses few administrative controls over the lower courts. The court system is decentralized and is staffed at every level by independent, life-tenured judges. Additionally, the Court cannot distribute its caseload to lower courts or determine which cases will be appealed to its jurisdiction. Although the threat of reversal on appeal does act as a check on rogue judges, the Supreme Court can hear only about one hundred such appeals per year, limiting its effectiveness. In addition, although the Court generally tries to guide lower courts' procedures and decisions, the Court's guiding decisions are themselves often vague or difficult to reconcile with past rulings.
Although its members have life tenures and do not face the threat of reelection, the courts are beholden to citizens through the elected branches. In addition to controlling the nomination, jurisdiction, and size of the judiciary, the elected branches can counter Supreme Court decisions with laws or even constitutional amendments. Finally, the Court relies heavily on other branches to help define its agenda and enforce its decisions.
However, when power in these other branches is divided across parties (as has increasingly been the case in recent decades), this division can produce severe partisan conflict over the judiciary's agenda and membership. These conflicts have been particularly evident in the recent strategic wrangling between the president and the opposing Senate majority over a variety of nominees.
After reading this chapter, you should understand…
- the political difficulties faced by Federalist chief justice John Marshall in the case of Marbury v. Madison, and how Marshall's decision cleverly expanded the power of the Court
- the mechanisms and limits of Supreme Court power in controlling the judicial branch
- the routes through which the executive and legislative branches can influence the agenda and decisions of the judiciary
- the Court's three major eras and the most important issues faced by the justices during each
- how the Supreme Court deals with the huge number of cases it faces each year and how this ability has changed over time
- the political process through which justices are appointed and confirmed to the Court
- how the Supreme Court reaches decisions
- how (or whether) the Supreme Court can enforce its decisions
- How does the Supreme Court's ability to delegate tasks compare with those of the other branches?
- Why is the judiciary regarded as the "least dangerous" branch of government?
- What features of the Court make it appear undemocratic?
- How can the Court enforce its decisions on lower courts? On the executive and legislative branches?
- Which cases appealed to the Supreme Court are most likely to be taken up by the justices? What factors can increase a case's likelihood of being granted certiorari?
- How can executive branch attorneys influence the Court's agenda?
- What significance is attached to unanimous decisions by the Court? Why are such decisions less common today than during the nineteenth century?
- How does the membership of the Court affect its decisions? How is membership of the Court determined?
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