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The President is not mandated to carry out the orders of the Supreme Court. The Supreme Court does not have any enforcement power; the enforcement power lies solely with the executive branch. Thus, the executive branch can place a check on the Supreme Court through refusal to execute the orders of the court.
However, the Supreme Court did exercise judicial review in other contexts. In particular, the Court struck down a number of state statutes that were contrary to the Constitution. The first case in which the Supreme Court struck down a state statute as unconstitutional was Fletcher v. Peck, 10 U.S. (6 Cranch) 87 (1810). [61]
The nomination and confirmation of justices to the Supreme Court of the United States involves several steps, the framework for which is set forth in the United States Constitution. Specifically, Article II, Section 2, Clause 2 , provides that the president of the United States nominates a justice and that the United States Senate provides ...
It would permanently preserve the Court’s independence; promote the rule of law; and preserve checks and balances on abuse of power. Our Constitution is silent on the size of the Supreme Court.
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States.It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law.
Proper background checks are necessary for the Senate to do its job. Some of the current nominees may have information in their backgrounds that might induce even Republicans to vote against them.
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
The 1973 landmark decision established a constitutional right to abortion, something Supreme Court Justice Samuel Alito wrote in the leaked draft was "egregiously wrong from the start."