Tuesday, March 2, 2010

Constitutional Law



"The Supreme Court has made their decision. Now let them enforce it" - Andrew Jackson



Well not really. In my research I have found that President Jackson never said those relatively famous words in regards to the Supreme Court Decision in Worcester v. Georgia. The famous decision declaring that the state of Georgia had no right to force the Cherokees off inhabited land.

What he did do was say something along the lines of the supreme court having no power whatsoever to force the state of Georgia to yield to its mandate. And did absolutely nothing to ensure that the state of Georgia paid any attention to the supreme court's decision whatsoever.

This situation, the only one I can find where a president blatantly disregarded a decision of the high court, illustrates an important point:

The Supreme Court does not have the authority to enforce its decisions.

They are respected due to the "power of persuasion"

What can the court do:

"The Supreme Court acts as the interpreter and arbiter of the Constitution. Neither the president nor Congress has the right to do this. The Supreme Court is the only body that has the right to interpret what the Constitution means."

However:
The Supreme Court does not have the power to initiate its own cases." This means that a particular justice of the court cannot select a policy he or she disagrees with and bring it up for judicial review.

And:
"The greatest limitation to the Supreme Court are the politicians themselves. As the Court cannot enforce its decisions, it relies on the Federal authorities..."

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