Oversight of the Supreme Court?

Discussion in 'Politics' started by chief joseph, Mar 24, 2011.

  1. The system of checks and balances is weighted heavily towards the Judicial branch. The Supreme Court can strike down any piece of legislation as unconstitutional and interpret the Constitution however they feel, but Congress and the president have no power over the court or any individual sitting justice. The "check" against the Judical branch is that justices have to be nominated by the president and approved by the legislature; once approved, justices serve for life and cannot be fired except in the case of mental incapacitation.

    This is supposed to be a good thing, since it means the justices are removed from the political ramifications of their decisions. They are able to do what's right without having to worry about being popular or offending anyone.

    However, it is impossible for politicians to make apolitical decisions. Conservative presidents nominate conservative justices, liberal presidents nominate liberal justices. Congressional hearings on a Supreme Court nominee focus on the candidate's political leanings, for obvious reasons, but this also means that a liberal Congress is likely to block a conservative nominee and vice versa ("getting Borked"). Bottom line, the decision is still political, and once the decision is made there's nothing anyone but the justice them self can do about it.

    Now, take for example the Dred Scott decision. The court ruled that slaves did not gain freedom by entering non-slave states, that it was unconstitutional to ban slavery in a newly formed state, and that slaves were not people and had no right to sue in court. The personal political opinions of six pro-slavery judges decided that issue for the entire United States. Obviously shit like that wouldn't fly in the modern, not-crazily-racist court, but back then slavery was a divisive issue and a good portion of the country agreed with the decision.

    Slavery was not the last issue that would (or will) divide this country. Privacy rights are going to be determined by current and future justices, decisions that will very much affect the daily lives of Americans, and they are going to be made by people who were selected by the government for their political leanings and who cannot be removed from their position regardless of how they rule. You may have heard that the Supreme Court is going to rule on warrantless searches by law enforcement, and that not all the justices believe such actions to be unconstitutional.
    HIGHTIMES.COM > Supreme Court Considers No Warrant Searches

    So, what do you think? Should we encourage more oversight of the Supreme Court, more checks and balances to level the playing field with the other two branches? If so, how? Should the nomination and approval process be more grueling than it already is; perhaps Congress should favor candidates who appear politically neutral? Or do you think increased oversight of the court would just politicize the Judicial branch even more, making the problem worse?

    Thanks to those who read the whole thing.
     
  2. i have always thought that the framers fucked up when they made federal judges appointed for life...to much juice for one body to have. of course i don't suspect they thought the court would be used in the fashion that it is now.
     
  3. Congress has the power to override supreme court decisions (I'm not certain but I believe a super majority vote is what is need in both congressional houses). Its just too bad they've neutered themselves, and scattered their prerogatives in the wind.
     


  4. I think the idea was that experiences would make for better interpretation than fresh eyes.
     

  5. i get that..i disagree with it out of hand but i understand the argument. i don't get why sombody who has been fucking up for 50 years is more respected than somebody who has been doin' it right for 4.

    why i never really got the baby hate over obama (or uggh palin's) inexperience. now their policy/worldview/existence as a whole....that baby hate i totally get.
     
  6. In theory, the constitutional amendment process is supposed to be for over-ruling supreme court decisions..........
     
  7. excellent point of constitutional jurisprudence! (prattles off to research)
     
  8. Fwiw, one of Anonymous' goals is eliminating lifetime appointments to SCOTUS.
     
  9. #9 chief joseph, Mar 25, 2011
    Last edited by a moderator: Mar 25, 2011
    This never occurred to me and it's never come up when I've discussed this issue with other people...brainfart lol. It's a limited power though, because amendments are so rare compared to Supreme Court rulings, but I guess it would be enough to prevent the court from openly abusing its power.

    Do you know if the court could ever find an amendment unconstitutional? Like, what about that proposed amendment to define marriage as between a man and a woman? If that had gone through, and people tried to file suit that it was unconstitutional, wouldn't the case end up before the Supreme Court?

    edit - tried to rep you but I couldn't, thanks for the info anyway

    Anonymous has goals? That's pretty frightening.
     
  10. How can something be unconstitutional if it is the constitution?
     
  11. If it contradicts another part.
     
  12. Judicial review fucked over the whole checks and balances part of our government
     
  13. Blame Marbury v. Madison. Fortunately though, Supreme Court judges are often divided. George Washington's appointment of a full Federalist court would be the most powerful. I think maybe an appeal process that can be initiated by the executive or legislative branch would help. Not too much though, I don't think the SC is completely overpowered.
     
  14. Who's gonna oversee the people watching over the supreme court? Corruption runs deep and the only way to control it is to give the power to the people. Allow the people to oversee the government and change what they want. Otherwise we're just gonna have to pay out more salarys for the same old bullshit.
     
  15. Activist judges piss me the fuck off.
     

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