Can the President of the United States fire someone on the Supreme Court?
Asked by: Jamar Wisozk | Last update: January 31, 2026Score: 4.4/5 (20 votes)
No, the President of the United States cannot simply fire a Supreme Court Justice; Justices hold office during "good Behaviour" and can only be removed through the impeachment and conviction process by Congress, similar to other federal judges, ensuring judicial independence from the executive branch.
Can the President fire a member of the Supreme Court?
The Constitution states that Justices "shall hold their Offices during good Behaviour." This means that the Justices hold office as long as they choose and can only be removed from office by impeachment.
Does the President have power over the Supreme Court?
The president nominates Supreme Court justices, but the Senate has the sole power to confirm those appointments.
Can the President override a Supreme Court ruling?
No, the President cannot directly overturn a Supreme Court decision; only the Court itself (through a new ruling), the Constitution (via amendment), or new legislation by Congress can overturn a major ruling, though Presidents can try to influence future decisions by appointing new justices or challenge rulings through appeals, and historically, some have selectively enforced or ignored certain rulings, as seen with Lincoln and the Dred Scott case.
Who can remove the judge from the Supreme Court?
Only the U.S. Congress, through the impeachment process, can remove a U.S. Supreme Court Justice, requiring the House of Representatives to impeach (majority vote) and the Senate to convict (two-thirds vote) for "Treason, Bribery, or other high Crimes and Misdemeanors," granting them lifetime appointments ("good behavior").
Supreme Court appears ready to side with Trump on firing FTC commissioner
Can voters remove a Supreme Court judge?
Article II of the California Constitution, approved by California voters in 1911, allows people to recall and remove elected officials and justices of the State Supreme Court from office.
What are the grounds for impeachment of Supreme Court justices?
If they become corrupt or sit in cases in which they have a personal or family stake, they can be impeached by Congress. ).
What is the President not allowed to do?
A PRESIDENT CANNOT . . .
declare war. decide how federal money will be spent. interpret laws. choose Cabinet members or Supreme Court Justices without Senate approval.
Who has power over the US Supreme Court?
Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789.
Has any president ignored a Supreme Court ruling?
Yes, presidents have ignored or defied Supreme Court rulings, most famously Andrew Jackson with the Cherokee Nation (Trail of Tears) and Abraham Lincoln by suspending habeas corpus, but this is rare and often leads to constitutional crises, with recent instances involving defiance in deportation cases under the Trump administration. Other examples include governors defying rulings on segregation (Faubus, Barnett) and FDR's stance on military tribunals, highlighting ongoing tensions between executive power and judicial authority.
Who is more powerful than the Supreme Court?
Yes. The High Courts in India enjoy more powers than Supreme Court of India. People unfamiliar with the functioning of Indian Judiciary may find it surprising but High Courts are actually more powerful than Supreme Court. However one must not confuse this with the the fact that Supreme Court's judge…
Why did the Supreme Court grant Trump immunity?
In an opinion concurring in part, Justice Amy Coney Barrett agreed in granting presidential immunity for the core constitutional powers of a president, arguing that such immunity meant that a president could obtain interlocutory review of the "constitutionality of a criminal statute as applied to official acts".
Who can supersede the Supreme Court?
Congress can influence and limit the judicial branch, and the judiciary can check Congress's powers. Legislative Branch's Checks on the Judicial Branch: Impeachment power: Congress can impeach and remove federal judges, including Supreme Court justices, for misconduct.
Can the president get rid of a Supreme Court justice?
No, a President cannot remove a Supreme Court Justice; only Congress has the power to do so through the impeachment process (House impeaches, Senate convicts) for "Treason, Bribery, or other high Crimes and Misdemeanors," ensuring judicial independence and lifetime tenure ("good behavior") for Article III judges.
How can a President control the Supreme Court?
The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations.
How do I change the number of justices on the Supreme Court?
Article III establishes the Supreme Court, but it leaves to Congress to determine the details of how the court is structured and what it does. For example, it is well established that Congress can change the number of seats on the court or direct the justices to hear cases in lower federal courts.
Can a president overturn a Supreme Court ruling?
No, the President cannot directly overturn a Supreme Court decision; only the Court itself (through a new ruling), the Constitution (via amendment), or new legislation by Congress can overturn a major ruling, though Presidents can try to influence future decisions by appointing new justices or challenge rulings through appeals, and historically, some have selectively enforced or ignored certain rulings, as seen with Lincoln and the Dred Scott case.
Can Trump appoint Supreme Court Justices?
With the advice and consent of the United States Senate, the president of the United States appoints the members of the Supreme Court of the United States, which is the highest court of the federal judiciary of the United States.
Do Republicans or Democrats control the Supreme Court?
The Court is now divided sharply along partisan lines with justices appointed by Republican presidents taking increasingly conservative positions and those appointed by Democrats taking moderate liberal positions.
Who is higher than the President?
The Senate has exceptionally high authority, sometimes higher than the President or the House of Representatives. The Senate can try cases of impeachment, which can dismiss a President for misconduct.
Can a President go to jail while in office?
Jump to essay-1Because criminal charges have never been filed against a sitting President, the Supreme Court has never considered a case addressing whether a sitting President could be prosecuted. The executive branch has expressed the view sitting Presidents enjoy absolute immunity from criminal prosecution.
Does the secret service go to the bathroom with the President?
Yes, Secret Service agents are always nearby and often in the bathroom with the President, especially outside the private residence, to ensure security, though they try to give privacy in highly controlled spaces like the White House residence where agents usually wait outside an unlocked door. The core mission is protection, so agents remain within steps or just outside the door, even during seemingly private moments, as the President is never truly alone.
Can a federal judge overrule the president?
The Court's decision in Marbury v. Madison (1803) implied, and later cases confirmed, that federal courts also possess authority to review the actions of the executive branch.
How many senators does it take to impeach a Supreme Court justice?
The Constitution grants the Senate the sole power to try all impeachments, and establishes four requirements for an impeachment trial in the Senate: (1) the support of two-thirds of Senators present is necessary to convict; (2) Senators must take an oath or an affirmation; (3) the punishments the Senate can issue ...
Can Congress remove the Supreme Court?
Congress cannot abolish the high court. See . it would be anomalous for the Constitution to provide that, once a court was established, Congress could never eliminate it.