In theory, the American constitutional system does not have any branch that is superior or beyond the reach of the others. James Madison articulated this concept in Federalist No. 51, stating that each department should have the necessary constitutional means and personal motives to resist encroachments from other departments.
However, Justice Samuel Alito recently presented a different perspective on the power dynamics among the branches of government, particularly in relation to the Supreme Court. During an interview with The Wall Street Journal’s editorial page, Alito controversially stated that Congress did not create the Supreme Court, and therefore lacks the authority to regulate it.
While Alito may be correct in asserting that Congress cannot micromanage the conduct of individual justices or dictate their interpretive methods and reasoning processes, his claim goes beyond the independence of the court. It represents a categorical assertion of judicial supremacy and reflects the arrogance of a justice who perceives the court as the sole and final arbiter of the Constitution’s meaning.
It is perhaps unsurprising that Alito, who has actively attacked critics and journalists while disavowing the court’s obligations to those outside the conservative legal movement, would hold such a view. However, he is mistaken.
Setting aside Congress’s powers to impeach judges and control the judiciary’s budget, there are at least two constitutional provisions that authorize Congress to regulate the Supreme Court. Article I, Section 8 grants Congress the authority to make laws necessary and proper for executing its enumerated powers, including the power to structure the federal judiciary. Additionally, Article III, Section 2 outlines Congress’s role in shaping the court’s procedures and conduct through its jurisdictional and appellate powers.
These constitutional provisions enable Congress to shape, regulate, and even discipline the Supreme Court. For instance, Congress could pass an ethics bill that imposes financial disclosure requirements and a binding ethics code on justices. While enforcement of such a code might be challenging, given the limited recourse of impeachment for Supreme Court justices, there is no doubt that Congress has the power to enact such legislation.
Justice Alito’s viewpoint disregards the fact that the Supreme Court is not independent from congressional oversight and that the Constitution grants Congress the power to check the court’s influence and balance its power. This is especially relevant in the context of a right-wing court that has been instrumental in expanding its influence over the political system and constitutionalizing the beliefs of its conservative supporters.
Overall, the claims made by Justice Alito reflect a selective interpretation of the Constitution and an attempt to downplay Congress’s authority in shaping the Supreme Court. However, the constitutional framework clearly allows Congress to regulate the court and maintain a system of checks and balances.
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