The role of the Court in our political system 521The Role of the Court in Our Political System
We conclude with the topic addressed early in the chapter—the place of the Court
within the political system. Is the Court the “weakest branch”? As Alexander Hamilton
pointed out, the Court has “neither the power of the purse nor the sword.” Therefore, it
is not clear how it can enforce decisions. In some instances, the Court can force its views
on the other branches; in other cases, it needs their support to enforce its decisions.Compliance and Implementation
To gain compliance with its decisions, the Court can rely only on its reputation and on
the actions of Congress and the president to back them up. If the other branches don’t
support the Court, there isn’t much it can do. The Court’s lack of enforcement power is
especially evident when a ruling applies broadly to millions of people who care deeply
about the issue. Consider school prayer, which still exists in hundreds of public schools
nationwide despite having been ruled unconstitutional more than 50 years ago. It is
impossible to enforce the ban unless someone in a school complains and is willing to
bring a lawsuit.
In most cases that involve a broad policy, the Court depends on the president
for enforcement. After Brown v. Board of Education (1954), the landmark school
desegregation case, Presidents Eisenhower and Kennedy had to send in federal
troops to desegregate public schools and universities. However, presidential foot-
dragging can have a big impact on how the law is enforced. President Nixon attempted
to lessen the impact of a school busing decision in 1971 that forced the integration of
public schools by interpreting it very narrowly. Republican presidents who oppose
abortion have limited the scope of Roe v. Wade, which legalized abortion in 1973, by
denying federal support for abortions for Medicaid recipients, banning abortions on
military bases, and preventing doctors from mentioning abortion as an option during
pregnancy counseling. The Court must rely on its reputation and prestige to compel the
president and Congress not to stray too far from its decisions.Relations with the Other Branches
Relations with the other branches of government may become strained when the Court
rules on fundamental questions about institutional power. In some cases, the other
branches may fight back; in others, the Court may exercise self-restraint and not get
involved.Judicial Activism and Restraint A central question concerning the role of the
Court within our political system revolves around judicial review: Should the Court
strike down laws passed by Congress and actions of the executive (activism) or defer
to the elected branches (restraint)? Often the answer to this question varies when
considered in light of specific lines of cases. A political conservative may favor activist
decisions striking down environmental laws or workplace regulations but oppose
activist decisions that defend flag burning or defendants’ rights. Political liberals may
do the opposite—calling for judicial restraint on the first set of cases but for judicial
activism to protect civil liberties.ASSESS THE SUPREME
COURT’S POWER IN THE
POLITICAL SYSTEMStudents at a middle school in Alton,
Illinois, gather around a flag pole for
prayers before the start of the school
day. Unless someone complains, it is
difficult to enforce the ban on prayer in
public schools.Full_15_APT_64431_ch14_488-529.indd 521 16/11/18 1:46 PM