question archive The framers of the Constitution intended the Supreme Court to be politically insulated

The framers of the Constitution intended the Supreme Court to be politically insulated

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The framers of the Constitution intended the Supreme Court to be politically insulated. Despite this intent, the Supreme Court is not completely insulated from political influences.

      (a) Describe one Constitutional provision that seeks to insulate the Supreme Court from public opinion.

      (b) Identify a power exercised by the Supreme Court that acts as a check on another branch of the federal government.

      (c) Explain how each of the following can limit the independence of the Supreme Court.

             Congress

             President

      (d) Explain how the Supreme Court protects its political independence.

 

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Answer:

One provision from the constitution that aims at insulating the supreme court from opinions of the public is justices serve for life. In this case, justices are not elected they are appointed. This, reduction of salaries for justices is impossible. 

Step-by-step explanation

a. One provision from the constitution that aims at insulating the supreme court from opinions of the public is justices serve for life. In this case, justices are not elected they are appointed. This, reduction of salaries for justices is impossible. 

b. Judicial review is the supreme court exercised power acting on another federal government branch. It includes the power to declare actions of the government to be unconstitutional. The power to uphold/overrule laws is taken by bureaucracy or the president and passed by congress. 

c. How congress limits supreme court independence; 
Justices' impeachment
Passing legislation and proposing amendments in the constitution 
Setting supreme court budget of operations
Changing the supreme court jurisdiction appellate. 
How president limits supreme court independence;
Refusal to do judicial decisions enforcement to limit impacts of decisions made by supreme court.
Issuing orders and legislation proposal. 
Exerting pressure/making public statements.

d. Political independence in supreme court is protected through the following; 
Docket control
Deliberations that are secrets
Lack of public recordings 
Limited appearances of the media/public statements.


 

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