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| | == "checks and balances" == | | == "checks and balances" == |
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| − | When Justice Kennedy refers to "checks and balances," he means how the three branches of the federal (national) government stand up to each other to prevent each other from acquiring too much power. When one branch oversteps its authority, such as Congress passing an unconstitutional law, then the U.S. Supreme Court declares the law to be invalid. When the Supreme Court oversteps its authority, then the President refuses to execute (apply) the ruling. President Andrew Jackson, who governed almost like a king, is famous for declaring after a Supreme Court ruling in favor of Indians that President Jackson did not like, "John Marshall has made his decision; now let him enforce it!" (John Marshall was the Chief Justice of the Supreme Court for nearly 35 years in the early 1800s, who led the massive expansion in the power of the Court) President Jackson's point was that the Supreme Court has no enforcement power of its own, and a "check and balance" on its power is when the executive branch refuses to enforce its ruling. | + | When Justice Kennedy refers to "checks and balances," he means how the three branches of the federal (national) government stand up to each other, in order to prevent each other from acquiring too much power. When one branch oversteps its authority, such as Congress passing an unconstitutional law, then the U.S. Supreme Court declares the law to be invalid. When the Supreme Court oversteps its authority, then the President refuses to execute (apply) the ruling. President Andrew Jackson, who governed almost like a king, is famous for declaring after a Supreme Court ruling in favor of Indians that President Jackson did not like, "John Marshall has made his decision; now let him enforce it!" (John Marshall was the Chief Justice of the Supreme Court for nearly 35 years in the early 1800s, who led the massive expansion in the power of the Court) President Jackson's point was that the Supreme Court has no enforcement power of its own, and a "check and balance" on its power is when the executive branch refuses to enforce its ruling. |
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| | How could Congress "check and balance" the power of the U.S. Supreme Court (and all federal courts)? In many ways: | | How could Congress "check and balance" the power of the U.S. Supreme Court (and all federal courts)? In many ways: |
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| − | *refuse to provide funding for the courts (Congress approves funding for the federal government) | + | *refuse to provide funding for the courts (Congress controls the funding for the federal government) |
| | *impeach and remove judges (as Congress unsuccessfully attempted in the case of Samuel Chase) | | *impeach and remove judges (as Congress unsuccessfully attempted in the case of Samuel Chase) |
| | *remove jurisdiction from the federal courts over certain issues (as Congress has done for disputes over reimbursement in Medicare, which is the government health insurance for Americans over 65 years old) | | *remove jurisdiction from the federal courts over certain issues (as Congress has done for disputes over reimbursement in Medicare, which is the government health insurance for Americans over 65 years old) |
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| | Do not worry if you have trouble understanding the above. All you need to know is this: '''''In Marbury v. Madison, the U.S. Supreme Court gave itself the power of "judicial review," which is the power to declare as unconstitutional laws passed by Congress and signed by the president'''''. | | Do not worry if you have trouble understanding the above. All you need to know is this: '''''In Marbury v. Madison, the U.S. Supreme Court gave itself the power of "judicial review," which is the power to declare as unconstitutional laws passed by Congress and signed by the president'''''. |
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| − | An everyday example are compliments that are actually rude. For example, suppose Joe is choosing sides for basketball and he picks a player by saying, "I want you to be on my team ... because I want to hog the ball and I want lousy teammates who won't complain." At first you might be happy you are picked, but before long you'll realize that you were picked by someone who wanted more power for himself. | + | An everyday example is this. Suppose Joe is choosing sides for basketball and he picks a player by saying, "I want you to be on my team ... because I want to hog the ball and I want lousy teammates who won't complain." At first you might be happy you are picked, but before long you'll realize that you were picked by someone who wanted more power for himself. |
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| | Jefferson was not shy about applying a "check and balance" to the courts if he lost. After all, it was Jefferson who supported the impeachment of U.S. Supreme Court Justice Samuel Chase by the U.S. House of Representatives, and unsuccessfully sought his removal by the U.S. Senate. | | Jefferson was not shy about applying a "check and balance" to the courts if he lost. After all, it was Jefferson who supported the impeachment of U.S. Supreme Court Justice Samuel Chase by the U.S. House of Representatives, and unsuccessfully sought his removal by the U.S. Senate. |