[DanGarthwaite]

Only by convention and precedent. FDR's threats to pack the court certainly influenced them and if implemented would have subverted them.

[icebraining]

FDR couldn't implement that by himself, though; the bill had to be approved by Congress.

[Retra]

Convention and precedent (and tradition) are also forms of hierarchical power. Those who assert them in the course of making a decision exercise power over those who intend to deny them.