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AP®︎/College US Government and Politics
Course: AP®︎/College US Government and Politics > Unit 2
Lesson 11: Checks on the judicial branch- Executive and legislative disagreements with the Supreme Court
- Checks on the judicial branch
- State checks on the judicial branch
- Senate confirmation as a check on the judicial branch
- Judicial activism and judicial restraint
- Increased politicization of the Supreme Court
- Checks on the judicial branch: lesson overview
- Checks on the judicial branch: advanced
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Checks on the judicial branch
The U.S. Supreme Court's power can be limited by amendments, like when the 19th Amendment overruled the court's decision in Minor vs. Happersett, granting women the right to vote. This showcases how legislative branches can check Supreme Court decisions.
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Video transcript
- [Instructor] In other
videos, we have talked about how the other branches of government can limit
Supreme Court powers. We're going to continue that
conversation in this video by discussing how the
amendment process can also limit or overrule a
Supreme Court decision, so let's go to 1875. Just for some context, the 14th Amendment, the United States, had
already been ratified, and in particular, you have the Privileges or Immunities Clause of the 14th Amendment that says no state shall
make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States. Well, you could imagine a
lot of women at the time who were citizens of the
United States said that, "Look, voting is a privilege
of being a citizen, "but I am not allowed to vote," and so you have Virginia Minor, who was a citizen in Missouri, decides to register to vote. She is denied and eventually
takes the registrar to court. It eventually gets appealed all the way to the United States Supreme Court in Minor versus Happersett, where Happersett is the
registrar in Missouri, and the Supreme Court in this case rules that voting is not a privilege
of citizenship for women, and it seems absurd to us right now, that voting seems to be one of the main privileges of being a citizen, but that's the way the
Supreme Court ruled in 1875. Now, the folks who were
fighting for a women's right to vote weren't just women. They were also men, eventually started to have victories in the
early 1900s at various states, especially states in the
West, started to allow women to vote, but as we go into
the teens of the 1900s, the movement gets enough
steam to get Congress and the state legislators to propose and ratify the 19th Amendment, which says the right of
citizens of the United States to vote shall not be denied or abridged by the United States or by
any state on account of sex. Congress shall have power to enforce this article by
appropriate legislation. So what we have here is
the legislative branch, both the U.S. Congress and
the state legislatures, because it needs to be voted
for by 2/3 of both houses of Congress and then ratified
by 3/4 of the states, they essentially overruled the Minor versus Happersett decision. They said, "All right, Supreme Court. "You might see some ambiguity
in the 14th Amendment," although today it's hard to say that voting isn't a
privilege of citizenship, but to make it very clear, they proposed and ratified the 19th Amendment. So not only is this an interesting time in American history. Not that long ago, less than
100 years before this video that I'm making was made, women
did not have the full right to vote most of the United States. We eventually get the 19th Amendment, but above and beyond
that, this is an example of how other branches of
government can exercise some checks on the Unites States Supreme Court.