10.2 Executive-Judicial Conflicts and Landmark Cases
4 min read•august 7, 2024
Executive-judicial conflicts shape the balance of power in American government. Landmark cases like and have defined the limits of presidential authority and established as a check on executive power.
These conflicts highlight the complex relationship between the executive and judicial branches. Through key decisions, the Supreme Court has both expanded and constrained presidential power, playing a crucial role in interpreting the Constitution and maintaining .
Landmark Supreme Court Cases
Establishing Judicial Authority
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Marbury v. Madison (1803) established the principle of judicial review, giving the Supreme Court the power to declare laws and executive actions unconstitutional
The case arose from a dispute over President John Adams' appointment of William Marbury as a justice of the peace in the final days of his presidency
The Court, led by Chief Justice John Marshall, ruled that the Judiciary Act of 1789, which granted the Court the power to issue writs of mandamus, was unconstitutional
United States v. Nixon (1974) limited the scope of and compelled President Richard Nixon to release the Watergate tapes
The unanimous decision upheld the principle that the President is not above the law and must comply with valid subpoenas
The ruling played a crucial role in Nixon's resignation and demonstrated the judiciary's role in checking executive power
Limiting Executive Power
(1952), also known as the Steel Seizure Case, limited the President's power to seize private property without congressional authorization
During the Korean War, President Harry Truman ordered the seizure of steel mills to prevent a strike that could have disrupted wartime production
The Court ruled that the President had exceeded his authority, as the seizure was not authorized by Congress or the Constitution
Court packing refers to the controversial attempt by President Franklin D. Roosevelt to increase the number of Supreme Court justices to obtain favorable rulings for his New Deal policies
In 1937, FDR proposed the Judicial Procedures Reform Bill, which would have allowed him to appoint up to six additional justices
The plan faced strong opposition and was ultimately abandoned, but it highlighted the tension between the executive and judicial branches
Separation of Powers
Constitutional Framework
Separation of powers is a fundamental principle of the U.S. Constitution that divides the federal government into three distinct branches: legislative, executive, and judicial
The legislative branch (Congress) makes laws, the executive branch (President) enforces laws, and the judicial branch (courts) interprets laws
This division of power is designed to prevent any single branch from becoming too powerful and to ensure a system of
Executive privilege is the right of the President and other executive branch officials to withhold certain information from Congress, the courts, and the public
This privilege is based on the separation of powers doctrine and the need for confidentiality in executive decision-making
However, the scope of executive privilege is not absolute and can be challenged in court, as seen in United States v. Nixon
Checks and Balances
Presidential power limits are built into the Constitution to prevent the abuse of executive authority
The President's actions are subject to judicial review, as established in Marbury v. Madison
Congress can override a presidential veto with a two-thirds majority in both houses
The Senate must confirm presidential appointments to key positions, including Supreme Court justices and Cabinet members
Congress has the power to impeach and remove the President for "high crimes and misdemeanors"
Judicial Philosophies
Interpreting the Constitution
Judicial review, established in Marbury v. Madison, is the power of the courts to evaluate the constitutionality of laws and executive actions
This power allows the judiciary to serve as a check on the legislative and executive branches
Judicial review has been used to strike down laws that violate individual rights, such as segregation laws in Brown v. Board of Education (1954)
refers to the various approaches judges use to determine the meaning and application of the Constitution
seeks to interpret the Constitution based on the original intent or understanding of the Framers
views the Constitution as a dynamic document that should be interpreted in light of changing social, economic, and political conditions
Judicial Approaches
is a philosophy that emphasizes the limited role of the courts in deciding constitutional issues
Advocates of judicial restraint believe that judges should defer to the decisions of elected officials and strike down laws only when they clearly violate the Constitution
This approach is often associated with a strict adherence to the text of the Constitution and a reluctance to recognize new rights or powers
, in contrast, is a philosophy that encourages judges to actively interpret and apply the Constitution to protect individual rights and promote social progress
Advocates of judicial activism believe that the courts have a responsibility to address pressing social and political issues, even if it means overturning laws or creating new rights
Examples of judicial activism include the Warren Court's decisions on civil rights, privacy, and criminal procedure in the 1950s and 1960s