Is the Supreme Court above the President?
Asked by: Gabe Beier | Last update: February 3, 2026Score: 4.2/5 (23 votes)
No, the Supreme Court isn't "above" the President, but rather operates as a co-equal branch with unique powers, primarily judicial review, to check presidential and legislative authority, ensuring everyone, including the President, remains subject to the law, as established by the system of checks and balances. While the President nominates justices and enforces rulings, the Court interprets laws and the Constitution, meaning it can declare presidential actions unconstitutional and has asserted that presidents aren't immune from legal process.
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.
Who has greater power 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.
What is higher than the Supreme Court?
The U.S. Supreme Court is the highest court in the United States. Article III of the U.S. Constitution created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts.
Can the President reverse Supreme Court decisions?
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.
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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.
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 Congress get rid of a Supreme Court judge?
Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate. The Constitution also provides that judges' salaries cannot be reduced while they are in office. Article III judicial salaries are not affected by geography or length of tenure.
Who is the boss of the Supreme Court?
Since the Supreme Court was established in 1789, 17 people have served as Chief Justice, beginning with John Jay (1789–1795). The current chief justice is John Roberts (since 2005).
Can the president fire a judge?
Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and justices serve no fixed term — they serve until their death, retirement, or conviction by the Senate.
Who has power to overrule the President?
Congress can override a presidential veto with a two-thirds vote in both the House and Senate, making a bill law without the President's signature, while the Vice President and Cabinet can initiate the process under the 25th Amendment to declare the President unable to serve, and the Supreme Court can declare executive actions unconstitutional, though Congress ultimately controls impeachment.
Is there a position above President?
The president, second in command, reports to the CEO. Acting as a bridge between the CEO and middle management, they translate the CEO's vision into action. This involves aligning internal operations with company goals and making sure teams stay on track with the overall strategy.
Does anyone outrank the President?
Teacher Background information: The President of the United States serves as the Commander in Chief for the armed forces. Essentially, the President outranks all other leaders of the military and their orders cannot be overruled.
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.
Can the President change the number of Supreme Court Justices?
No, the President cannot directly change the number of Supreme Court Justices; only Congress has that power by passing a law, but the President must sign that law for it to take effect, meaning both branches must agree, as seen with the Judiciary Act of 1869 fixing the number at nine. While presidents appoint justices, they can only fill existing vacancies or new ones Congress creates, as the Constitution doesn't set the court's size, allowing Congress to adjust it as a legislative check.
What is Trump's net worth?
Donald Trump's net worth varies by estimate, with recent figures in mid-to-late 2025 placing it between roughly $5.1 billion (Forbes) and over $7 billion, significantly boosted by his social media platform (Truth Social) and cryptocurrency ventures, though these are often considered "paper" gains and highly volatile. Estimates have fluctuated wildly, from over $10 billion at one point to lower figures as investments shift, highlighting the difficulty in precise valuation for his complex, largely private holdings.
Why didn't Obama get to nominate a Supreme Court judge?
With the death of Antonin Scalia in February 2016 in the beginning of a presidential election year, the Republican majority in the Senate made it their stated policy to refuse to consider any nominee to the Supreme Court, arguing that the next president should be the one to appoint Scalia's replacement.
Is John Roberts an American citizen?
Roberts is a dual Canadian and American citizen.
Can Supreme Court decisions be overturned?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court.
Who has power over Supreme Court Justices?
Justices have lifetime tenure, meaning they remain on the court until they die, retire, resign, or are impeached and removed from office. When a vacancy occurs, the president, with the advice and consent of the Senate, appoints a new justice. Each justice has a single vote in deciding the cases argued before the court.
What would it take to impeach Trump?
For impeachment to occur, a simple majority is needed in the House and for conviction/removal from office to occur a two-thirds majority is needed in the Senate.
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").
Can a Supreme Court justice be removed by the President?
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.
Who can reverse the judgement of the Supreme Court?
A Supreme Court decision can be overturned by another Supreme Court ruling (a new case), a Constitutional Amendment, or if the ruling interpreted a federal statute, by Congress passing a new law. While the President can't overturn a decision directly, they influence future courts through appointments, and Congress can pass legislation to clarify or change laws interpreted by the Court.
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.