About Michael Troy Expertise I can answer just about any question about U.S. Political history, Constitutional law, the legislative process, elections, etc. I specialize in Presidential and Congresitional historical trivia, but can answer more substantive questions too.
Experience Former Staff member for a Congressman and Senator. I also worked on about 10 Congressional and Presidential campaigns (only one that won). For a short time, I worked in the legal department of the Federal Election Commission. I have a B.A. in Political Science.
Organizations Former LBJ Fellow (paid fellowship for Congressional Staff).
Pi Sigma Alpha (Political Science Honorary Society).
Publications Washington Post
Washington Times
Education/Credentials J.D. University of Michigan
B.A. George Washington University (Poli. Sci. major).
Question The judicial branch is designed to be more independent of public opinion than are the legislature or the executive. yet, the US supreme court rarely deviates too far for too long from prevalent public opinion.
a) describe two ways in which the united states supreme court is insulated from public opinion.
b) explain how two factors work to keep the US supreme court from deviating too far from public opinion
Answer Hello,
First, I disagree with your premise. The US Supreme Court frequently does deviate from public opinion, and often does so for many decades. The Court at one time ordered that slavery be permitted in the North, even where it was against State laws. The Court has found a Constitutional right to abortion, even though a majority of Americans fail to recognize such a right. The court has many positions related to free speech and establishment clause that are opposed by solid majorities.
I suppose one could argue that even when the Court deviates, it could arguably be considered not "too far" in that there are substantial minorities who support the Court's position or that the majorities do not usually feel strongly enough to oppose the Court's decision actively.
The Court is insulated from public opinion since Justices are appointed for life and need not worry about reelection or reappointment. Justices also need no public approval for their decisions. According to tradition, there is no lawful authority that can overturn a Supreme Court Opinion.
Of course, if the Court went far beyond its authority and was opposed strongly by significant powers, it could lead to a Constitutional crisis. If the President refused to support a Court Opinion (as President Jackson did) the Court has no way to enforce it. This would undermine the Court's credibility if if happened with any regularity. Also, Justices could be impeached if large majorities in Congress supported such a movement, as happened after the Civil War.
