Understanding Checks and Balances on SCOTUS![]()
One of our participants recently asked me a question regarding checks and balances that had me thinking for the past 24 hours. The reader is wondering what clear checks and balances exist for the Supreme Court, “since its rulings are truly far-reaching and highly impactful.”![]()
Presidential Checks and Balances on SCOTUS![]()
When we think of checks and balances on the Judicial Branch, we generally think of the fact that the President can appoint justices. All Presidents have the opportunity to nominate federal judges, but not all Presidents have the same chance to nominate a Supreme Court justice unless there is a vacancy on the court. (see Article III). Our reader points out that impeachment or censure aren’t true checks on SCOTUS (Supreme Court of the United States) because they apply to all branches.![]()
So, here are some additional checks and balances for the Supreme Court that I found:![]()
The President checks SCOTUS by nominating judges. The President of the United States (POTUS) can also grant pardons and commute sentences for federal offenses.![]()
Congressional Checks and Balances on SCOTUS![]()
Congress can check and balance SCOTUS by passing a slightly different version of a law that has been declared unconstitutional. Additionally, the Constitution empowers Congress to amend itself by a two-thirds vote of both Houses and a three-fourths vote of all states. Congress can impeach and convict judges or even vote to increase or decrease the number of justices that serve on the Supreme Court. It doesn’t seem to matter that impeachment or censure can apply to all branches. The fact is, these are methods that can check and balance SCOTUS.![]()
Limits on the Supreme Court’s Power![]()
Other checks and balances that limit the Supreme Court's power include its ability to hear only a certain number of cases each year. The Supreme Court can only hear cases that are brought to it by a party that is affected by the case, and the Supreme Court can only hear cases that merit the attention of the justices.![]()
Recently the U.S. Solicitor General (part of the U.S. Department of Justice, within the Executive Branch) conducted a check and balance of the Judicial Branch on May 15, 2025, arguing before the Supreme Court (SCOTUS) that federal judges (part of the Judicial Branch) were exceeding their authority by issuing nationwide relief in a case.![]()
As you can see, the various checks and balances on the Supreme Court are essential for maintaining judicial integrity and accountability.![]()
The purpose of the above article is to show the different checks and balances that can be placed on the Supreme Court. We will not be litigating cases in the comments. Avoid naming prominent people or political parties in your comments. Please refrain from adding any additional links or pictures.![]()
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Moral Principles in the U.S. Constitution![]()
The Importance of Morality in Governance![]()
Morality, defined as the practice of doing what is right, is essential for a free and self-governing society. I contend that we must legislate morality in our country because a society without common moral principles risks being ruled by tyrants. Our Founding Fathers understood this necessity.![]()
Rather than devolving into a debate over individual moral causes, let us examine the self-evident truths articulated by the Founders: all men are created equal; life, liberty, and property are endowed to us by our Creator. As stated in the Declaration of Independence, these inalienable rights must be secured by the government. ![]()
The Foundation of Rights and Government's Role![]()
We can find common ground in these three areas:![]()
—There is a Creator.![]()
—Our rights are endowed by our Creator, not by government. We do not receive the right to life, liberty, and property from earthly powers; we are born with these rights.![]()
—The primary purpose of civil government is to protect these God-given rights. It is important to note that the government's role is not to ensure happiness but to secure our rights to life, liberty, property, and equal opportunity—not equal outcomes.![]()
These principles form the moral foundation of our country. ![]()
The Legacy of Moral Foundations![]()
While I have relatives who identify as science-based and do not believe in a Creator, the Founding Father's belief in a Creator remains significant in understanding our moral foundations. The Founders recognized the dangers of a government that grants rights, and as such, a government can also take them away. This principle holds true regardless of one's belief in a Creator. We are privileged to live in a country that values liberty under law.![]()
To secure our God-given rights, we must base our laws on morality. Whose morality, you may ask? Our Founding Fathers believed that the fundamental moral values of Christianity were beneficial for society. Our laws against cheating, stealing, and lying, as well as provisions for fair trials and marriage, are rooted in these moral principles. The fact that the Founders did not consult contemporary society for these foundational morals does not diminish the truth of America's founding.![]()
These moral foundations have served us well for 249 years. Have we adhered to them perfectly? No, but our moral foundations remain crucial for maintaining our prosperity and freedom in the world.
This is Common Sense Civics and Citizenship. 🇺🇸![]()
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The Founders’ Values: A Surprising Legacy![]()
What the Founders believed may surprise you. Contrary to common teachings today, very few deists existed in the 18th century. Therefore, deists were outnumbered.
Judeo-Christian Morality: A Shared Foundation![]()
The Framers had a common belief in Judeo-Christian moral values (not religious doctrine) that are still widely held today. You know the ones- don’t cheat, steal, lie, covet, murder, have no idols, treat others the way you want to be treated, etc., no matter if you are a person of faith or even have no faith. Who wants to live by a code of immorality in their town, state, or nation? That’s what our Founders thought, too. They believed that we are created beings, and to the Creator, we must give an account. They saw what placing belief in human power apart from the Creator did to governments and power in general.![]()
The First Amendment: Protecting Diverse Beliefs![]()
The First Amendment, written in 1789, did not preclude our Founding Fathers from letting moral values guide them. The fact is, they wrote the First Amendment, which precludes WHO from establishing a national religion. That’s right, Congress. It is Congress “who shall make no law respecting an establishment of religion or prohibiting the free exercise thereof….”![]()
If you are a person who fears or even hates religion, changing our First Amendment to allay your preference or fears won’t help. Congress cannot establish any religion, including atheism, secularism, satanism, etc. While you may argue that these are only philosophical worldviews, not religions, there is no scholarly agreement on what precisely a religion is. In my opinion, we can't eliminate popular philosophical worldviews from the religious realm.![]()
Embracing Philosophical Freedom in America![]()
America was founded on Judeo-Christian moral values. If you move to an atheist country, you will live by atheist values. Likewise, secularism, secular values. In our country, you can live by whatever philosophical worldview you choose, but you must allow others to do the same under the U.S. Constitution.
The First Amendment safeguards the right to practice faith and reflects the enduring moral principles that shaped our nation.
That is the gift we have in the First Amendment.
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Recapture our American civil discourse by reviving the study of civics and gaining practical knowledge for any stage of life. Candace Donnelly invites you to spend a few minutes with other Americans l... Framers’ Wisdom: Crafting America’s Constitution![]()
[Commenting Guidelines: Avoid naming prominent people or political parties. No additional links or pictures. Thank you 🇺🇸]![]()
How did our Constitution come into being? Did our Framers mosey into an English-style Pub, order an adult beverage, and begin kicking some ideas around the table? Who inspired them? Today, social media has key influencers. Although our Framers of the Constitution did not have the internet, they had "influencers" whose ideas stood the test of time. These ideas eventually became a part of our Supreme Law of the Land (see Article VI). Let's take a look.![]()
The Framers' Influencers ![]()
The Framers were widely read, studious citizens. They leaned upon historical and contemporary ideas about government -ideas that, when applied, worked. ![]()
For example, take Baron Charles Montesquieu from France, who reasoned that God is the author of all moral and physical laws, but humans are prone to go their own way, do their own thing, and depart from God's laws. He proposed that the government's job was to restrain the impulse to give a single leader unlimited power to avoid despotism. The government's duty is to maintain order, not promote selfishness or lawlessness. To do otherwise leads to tyranny with a leader who exercises absolute power over the citizenry.![]()
Montesquieu's works influenced our Framers to divide power between the legislative, executive, and judicial branches. This avoids merging all the power in one individual or a single department. Ultimately, the separation of powers leads to freedom.![]()
John Locke was another influencer on American political theory. He reasoned that government was a contract with the people. He believed in natural rights—that all law ultimately must agree with the Creator's law. Locke proposed that our rights to life, liberty, and property belong to us and are not gifted to us by our government.![]()
William Blackstone wrote the "Commentaries on the Laws of England." He contributed to the idea of judicial restraint. In other words, judges do not make law. Judges are to discover and apply the law from the laws of nature and nature's God, laws of the land, and precedent. Judges are not to follow their own biases or preferences.![]()
Additional Influences![]()
The Framers had additional influences from the Bible, international philosophers, and non-Christian sources. In other words, they were well-rounded in their sources, forming our Constitution's basis. Besides, they had the Articles of Confederation in operation. Still, the Articles were too loose, and the opportunity for chaos was too great with the possibility of future tyranny if they didn't add more structure. ![]()
The Framers' Main Contribution![]()
So, the Constitution was written. Our Framers shaped a document and laid the foundation for a resilient Constitutional Republic that continues to inspire generations. Understanding their influencers helps us appreciate the enduring principles of our Constitution and the importance of our need for civic engagement today.![]()
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#civics #civicengagement #civicseducation
www.civicsandcitizenship.org
Recapture our American civil discourse by reviving the study of civics and gaining practical knowledge for any stage of life. Candace Donnelly invites you to spend a few minutes with other Americans l...