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| Jeremy Ball Class of 2017 |
The 2016 presidential election brought a lot of attention to the role of the Supreme Court in American politics. With the unexpected death of Justice Scalia earlier this year, both Donald Trump and Hillary Clinton campaigned on how our nation’s highest court could influence public policy for years to come. After political scientists accurately predicted how the Senate could delay a nominee advanced forward by President Obama, it is now apparent that President-elect Trump will nominate a Justice early in his term. With a GOP controlled Senate, it is likely his nominee will be confirmed. But what impact does the average American play in this process? It may be larger than you think.
The Supreme Court and The Constitution
Article III of the Constitution lays out the explicit powers of the American judiciary, and notably, it lacks a lot of details. In fact, Article III only calls for the establishment of a Supreme Court, with limited references to the Court’s jurisdiction; Congress has the power to dictate much of what the judiciary can do. From the size of the Court, to much of what the Court can hear, the legislative branch maintains substantial influence over our federal courts. With this in mind, political scientists seek to better understand the relationship between Congress and The Supreme Court.
Congressional Checks on The Supreme Court
Intentionally designed to be a politically insulated branch, the Supreme Court operates with Justices appointed for life by the President, who are confirmed by the Senate. These Justices have ruled on a number of influential cases, from segregation and abortion, to gun rights and same-sex marriage. Thus, there is little debate that the Court has weighed into a number of issues often contested in Congress. So how has Congress responded? Not so friendly, according to data presented by political scientist Tom Clark. Specifically, he considers the number of “court-curbing” bills presented by Congress since the late 19th century. These are bills aimed at decreasing the power of the Court. Clark notes that the number of these bills introduced increases when public support for the Court is lower. Essentially, the less popular the Supreme Court is, the more likely Congress will legislatively attack its power.
Why Do Congress Members Act Against the Court?
Notably, court-curbing measures remain mostly unsuccessful. While some have reigned in the Court, most of these bills never go beyond committee. So why do Congress members keep introducing them? According to experts, it is so Congressmen can position-take, and claim credit for opposing the Court by reflecting public opinion. A member of Congress can claim they acted in accordance with the views of their constituents, thereby aiding in possible reelection efforts. Even an unsuccessful bill introduced in Congress can be paraded around by its author as a sign that the Congressman took a strong position against the Court.
How the Supreme Court Responds
Do Justices even care about what is going on in Congress? Political scientist Tom Clark offers an interesting insight into this through interviews with a number of Justices and law clerks. The verdict seems to be that the Court is very aware of these court-curbing bills, and conscious of their impact. Evidence presented by Clark indicates that the Justices remain very concerned about the Court’s legitimacy. Justices do care about how the public perceives their rulings, and thus they must maintain this support to ensure the law is followed. Accordingly, the Court is much less likely to rule on issues against public support.
Why Your Voice Matters
Though not directly, your opinion may have profound influence on the opinions issued by the Supreme Court. By measuring how Americans feel about the Court, political scientists are able to show that public opinion influences how Congress behaves toward the Courts. Conservative and liberal members alike are just as likely to try to curb the Court’s power when they believe their constituents are angry, in order to maintain their constituents’ support. So if you’re worried about the future of the Supreme Court, make sure your voice is heard… it may mean more than you realize.
Jeremy Ball, of Manchester, Ky., is a senior McConnell Scholar studying political science, economics, history, and international business.