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THE SUPREME COURT

The Supreme Court consists of nine Justices: the Chief Justice of the United States and eight Associate Justices. They have equal weight when voting on a case and the Chief Justice has no casting vote or power to instruct colleagues.

The Justices are nominated by the President and confirmed with the 'advice and consent' of the Senate. As federal judges, the Justices serve during "good behavior", meaning essentially that they serve for life and can be removed only by resignation or by impeachment and subsequent conviction.

The Supreme Court is the highest court in the United States. The court deals with matters pertaining to the federal government, disputes between states, and interpretation of the Constitution. It can declare legislation or executive action made at any level of the government as unconstitutional, nullifying the law and creating precedent for future law and decisions.

The Supreme Court in practice has a much more 'political' role than the highest courts of European democracies. For example, the scope of abortion in the USA is effectively set by the Supreme Court whereas, in other countries, it would be set by legislation. Indeed in 2000, it made the most political decision imaginable by determining - by seven votes to two - the outcome of that year's presidential election. It decided that George W Bush had beaten Al Gore, although Gore won the most votes overall.

A recent and momentous instance of this exercise of political power was the Supreme Court decision in the case of the challenge to Barack Obama's signature piece of legislation, the Patient Protection and Affordable Care Act, often dubbed Obamacare. No less than 26 states challenged the legality of these health reforms under a clause in the constitution governing interstate commerce. In the end, the Court ruled by five to four that, while the individual mandate provision in the Act is not itself a tax, the penalties imposed for not buying health insurance do represent taxes and therefore the entire requirement falls within the remit of Congress's right to impose taxes.

Given how difficult it is to change the US Constitution through the formal method, one has seen informal changes to the Constitution through various decisions of the Supreme Court which have given specific meanings to some of the general phases in the Constitution. It is one of the many ironies of the American political system that an unelected and unaccountable body like the Supreme Court can in practice exercise so much political power in a system which proclaims itself as so democractic.

Since the Supreme Court makes so many 'political' decisions and its members are appointed so rarely and then for life, the appointment of Justices by the President is often a very charged and controversial matter.

Below the Supreme Court, there is a system of Courts of Appeal, and, below these courts, there are District Courts. Together, these three levels of courts represent the federal judicial system.

A special feature of the American political system in respect of the judiciary is that, although federal judges are appointed, nationwide 87% of all state court judges are elected and 39 states elect at least some of their judges. Outside of the United States, there are only two nations that have judicial elections and then only in limited fashion. Smaller Swiss cantons elect judges and appointed justices on the Japanese Supreme Court must sometimes face retention elections (although those elections are a formality).

Link: Supreme Court click here




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