How can Congress get around a Supreme Court ruling?

Congress can also get around a court ruling by passing a slightly different law than one previously declared unconstitutional. Courts also have limited power to implement the decisions that they make.

How has the court preserved its power over time?

How has the Court preserved its power over time? The Court does not have the power of the purse and thus lacks the ability to withhold funds to make sure its decisions are implemented. The Court has often ruled against the government in such cases.

Why should judges use judicial activism?

In the United States, judicial activism is usually used to indicate that the speaker thinks judges have gone beyond their proper roles in enforcing the Constitution and have decided a case based on their policy preferences.

Is judicial activism good for democracy?

In India judicial activism has played an important role in keeping democracy alive. Pronouncements like Keshavnanda Bharti case, Minerva Mill Case etc has helped in keeping all the organs of government in balance and help in keeping society healthy and progressing.

Can the Supreme Court overrule the government?

Once any law has been declared by the Supreme Court, the same cannot be set at naught by the legislature, by enacting an amendment which would nullify the effects of the judgment of the Court.

Should judicial activism be discouraged?

Yes. This would help curb the unlawful activities of the executive.

What is court packing in the US Supreme Court?

The US Supreme Court building. Court packing is increasing the number of seats on a court to change the ideological makeup of the court. [ 1]

Does court packing violate the necessary and Proper Clause?

If these interpretations of the Necessary and Proper Clause and the constitutional spirit are correct, then court packing that is done to control the decisions of the Court violates the Necessary and Proper Clause. I am not sure that this interpretation of the Necessary and Proper Clause is correct.

Should the makeup of the Supreme Court reflect partisan politics?

The makeup of the Supreme Court should not reflect partisan politics, but should, instead, reflect the will of the people and be beholden only to the US Constitution. Historical precedent allows for more than nine Supreme Court Justices, and there are no laws against having more than nine.

Can Congress add more positions to the Supreme Court?

Since the Constitution establishes a Supreme Court, Congress can help to carry into execution the Supreme Court’s authority by adding positions to the Court. While Congress can add positions, it can only do so if its law is “necessary and proper.” And here is where the issue becomes interesting.