Courts depend on the other branches to enforce their judgments.
Evidence
The federal judiciary’s difficulties in implementing Brown underscore its limited power to compel compliance, particularly when opposition is widespread. As Alexander Hamilton noted in The Federalist Papers, the judiciary does not control “either the sword or the purse” and must “ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” When the executive and legislative branches support the federal judiciary, compliance with judicial mandates is likely. Thus, when the power of the sword and of the purse were brought to bear on Southern school districts after 1964, noncompliance rapidly ended. But when the other branches of the national government maintain neutrality or oppose judicial policies, the federal courts’ ability to ensure compliance declines dramatically. — G. Alan Tarr, Judicial Process and Judicial…, 1648
Categorization
- XREF: Pays off the ch1 claim that courts rarely dictate policy because rulings need political support. — connects to: Courts rarely dictate policy because rulings need political support.; Lower court judges shaped by local politics can blunt a Supreme Court mandate. — G. Alan Tarr, Judicial Process and Judicial…, 1545; Courts do not simply dominate American policymaking. — G. Alan Tarr, Judicial Process and Judicial…, 191 (+4 more)