SUPREME COURT: Outline the constitutional checks on the Supreme Court.

The Founding Fathers of America were very intelligent men including George Washington, Thomas Jefferson and Benjamin Franklin. They formed the Constitution to create a system where no branch of government was too powerful, in order to prevent tyranny.

They did this through 'checks and balances', where each branch of government exercises control over the actions of other branches. As a result, the Supreme Court is checked by Congress and the Executive

Notice the question asks for the constitutional checks on the Supreme Court. So focus on the formal checks seen in the Constitution but you may very briefly introduce informal checks such as pressure group or the 'bully pulpit' in your analysis

Introduction

This is likely to be a short 15 mark question, so you're unlikely to need an introduction. A short introductory sentence should do.

Main body

Just pick three or four of these points, develop them with recent examples and then link the paragraph back to the question

Congress

1) Power of confirmation  e.g. Robert Bork was rejected. Under Bush, Harriet Miers was withdrawn from the confirmation process (not rejected).

Consider the role of pressure groups such as the American Bar Association as well. The ABA gives ratings to judicial nominees e.g. Clarence Thomas received a relatively low rating 

2) Power of impeachment e.g. Thomas Porteous was impeached in 2010 for corruption

3) Can initiate constitutional amendments. This can overturn a Court ruling but very rare as the amendment process is so difficult 

President

1) Power of nomination.  

The President is likely to nominate someone of a similar ideology e.g. liberal presidents such as Obama are likely to nominate liberal judges such as Elena Kagan.

However, Justices are free to employ any ideology once nominated e.g. Kennedy often swings between liberalism and conservatism

2) 'Bully pulpit.

The role of the president comes with power, and what he says carries political weight, especially when his approval ratings are high. If the president condemns a ruling, this can erode the public image of the Court. If he supports it, this can have the opposite effect e.g. Obama lauded the 2015 same sex marriage ruling

3) Power of pardon. 

The president can exempt people from the wrath of the Court except in cases of impeachment 

Conclusion

You could say why the constitutional checks are important and which has been the most effective in recent years