ABSTRACT
Americans appear to be complacent in the belief that the courts—and the U.S. Supreme Court in particular—constitute a powerful branch of government. We rarely consider the degree to which the courts actually possess power, and the public continues to come to the courts with its problems assuming that an effective judicial remedy will be forthcoming (Scheingold 2004). Indeed, some even lament the “excessive power” that this unelected branch wields in society (Ely 1980). However, as Hamilton famously put it, the Court has “no influence over either the sword or the purse … It may truly be said to have neither force nor will, but merely judgment” (Hamilton). Though there is a Supreme Court police force, the mission of that force is to protect the justices, the Court, and visitors to the Court, not to compel other actors to follow the will of the Court. 1 In other words, the Court makes decisions but those decisions are not self-executing; the Court’s rulings are given effect only through the actions of others, and the reaction of those other actors is not always perfectly in concert with the Court’s rulings (Baum 2002). This is reflected in the famous quote attributed to President Andrew Jackson regarding a decision of the Court under Chief Justice Marshall: “John Marshall has made his decision, now let him enforce it!” The historical evidence indicates that Jackson made no such statement (Boller and George 1989, 53). However, it persists in the political folklore, certainly in part because it reflects the Court’s predicament when it comes to enforcement of its decisions (if not the accuracy of the president’s words). How, then, in the absence of the usual carrots and sticks relied upon to induce others to “fall in line,” has the Supreme Court become such a significant player in American politics? How does it have impact in American society?
