ABSTRACT

This chapter examines how the Supreme Court has used that power in different historical periods. It explores the constraints upon the political role and power of the Court and assesses its overall significance in the political system. Throughout American history, the Supreme Court has oscillated between judicial activism and judicial self-restraint. The power to appoint Supreme Court justices is shared by the president and the Senate. The capacity of the Supreme Court to set off a political firestorm is illustrated by the case dealing with privacy rights under the Constitution. When the Court has been activist, opponents have charged that the supremacy of the Constitution has been perverted to create the supremacy of the Supreme Court in the American political system. Finally, the chapter examines the men and women who wield the power of judicial review the justices of the Supreme Court and the nature of the process by which they are appointed.