Вы находитесь на странице: 1из 3

Role of the Supreme Court in the United States Government

Supreme Court" data-credit="U.S.Government photo/public domain" data-credi-


-link="http://en.wikipedia.org/wiki/File:Supreme_Court_US_2010.jpg"
src="https://s3.amazonaws.com/suite101.com.prod/article_images/large/3425368_com_800px_supre
me_court_us_2010.jpg" title="Current Members of the U.S. Because of the nature of modern cases
reviewed by the court such as constitutional issues involving privacy, advocates of various social
concerns like abortion, pornography, and the separation of church and state have taken a keen
interest in the President's court nominations when a vacancy occurs.
Two issues that may confront the contemporary court involve President Barack Obama's health care
initiatives as well as legal marriage between members of the same sex. Harbison, The American
Constitution: Its Origins & Development, 5th ed. flag under the provisions of freedom of speech, the
Congress considered a "flag burning amendment." At the same time, however, the court has
reversed itself on past decisions that were consider "precedent" in case law.
Brown v Board of Education reversed the policy of "separate but equal" in the 1896 case Plessy v
Ferguson; In 1943, in the case West Virginia State Board of Education v Barnette, the court reversed
an earlier decision in Minersville School District v Gobitis. Senate. The process has been used to
remove corrupt federal judges throughout history and was attempted by President Thomas Jefferson
to remove a high court justice on the basis of political differences. Justice Clarence Thomas rejects
the "living constitution" idea and was recently profiled in the New Yorker regarding his conservative
stance.
Changes to the Supreme Court
Unpopular court decisions have led to calls for judicial reform. This confirmation process gained
notoriety after World War II. Because the court sees part of its role in the system of "checks and
balances" to the Constitution as having the ability to declare laws unconstitutional, it has frequently
been unpopular in U.S. During the Great Depression, a very conservative court began to declare
President Franklin Roosevelt's New Deal acts as unconstitutional, prompting a scheme on the part of
FDR and Senate allies to " pack the court."
In the early part of the 20th Century, the Progressives in Congress favored judicial recall and in
2011, Presidential candidate Rick Perry, the governor of Texas, recently suggested that court
decisions should be overturned by a two thirds vote in the Congress, much like votes to overturn
presidential vetoes.
Members of the court, although serving for life, can be removed through the impeachment process.
Both cases involved statutes mandating the saluting of the American flag in schools.
Any limitations on the Supreme Court, despite opposition based on political and social
considerations, would weaken the government and severely jeopardize individual freedoms and
liberties. Because judges in the lower courts as well as the high court are being asked to decide the
constitutionality of laws that involve passionate social considerations, they are often called "activist
judges." It is important to remember, however, that the legislature writes the laws, not the courts.
The Role of Judicial Review
Judicial Review is defined as, "...the power of the courts to declare acts of the legislative and
executive branches of government null and void if these actions violate provisions of the
Constitution." Judicial Review is often associated with the 1803 case Marbury v Madison although,
according to Constitutional scholars Kelly and Harbison, the case has, "in the history of judicial
review...been somewhat exaggerated." Additionally, the Marbury ruling by Chief Justice John
Marshall may have violated another principle called "statutory construction." Marshall and the court
had declared the Judiciary Act of 1789 as unconstitutional although the clear intent of the law was
not to convey powers to the high court in violation of the Constitution.
Judicial review was not a new concept. Much of this stems from the ideological beliefs of the justices
and their views regarding constitutional interpretation. Perhaps the most important aspect of the
federal judiciary is its absolute independence in the system of separation of powers, an idea taken, in
part, from Montesquieu's The Spirit of the Laws (1748).
Continued Importance of the Supreme Court
Although the court may not rule on matters that are purely political, its decisions are often perceived
as supporting particular political agendas. The attempt failed as members of Congress realized the
vast long-term implications of impeaching judges solely on political grounds. Although the original
court in the early days of the Republic contained fewer members, the current Supreme Court
contains nine: eight Associate Justices and one Chief Justice. Norton & Company, 1976)
John J. Powe, Jr., The Warren Court And American Politics (Cambridge: The Belknap Press of
Harvard University Press, 2000)
Jeffrey Toobin, "Partners: Will Clarence and Virginia Thomas succeed in killing Obama's health-care
plan?" The New Yorker, August 29, 2011
. Given the sheer number of lower court appeals, not all cases are accepted for review by the
Supreme Court.
Court justices are appointed by the President and must be "confirmed" by the U.S. The Supreme
Court is not a trial court; it is an appellate court that receives cases from lower state and federal
courts. Alexander Hamilton addressed judicial review in The Federalist. If the legislature, for
example, desires to see Roe v Wade (1973) overturned - one of the more contentious decisions, it
might amend the Constitution.
Similarly, when the Supreme Court declared as unconstitutional state and federal laws criminalizing
the burning of the U.S. Those favoring a "living constitution," for example, support the notion of a
constitutional right to privacy while those opposed to this interpretation point out that no such right
appears anywhere in the Constitution. Supreme Court" data-caption="Current Members of the U.S.
The Supreme Court is referred to as the third branch of government as defined and detailed under
Article 3 in the Constitution. Remy, Lessons on the Constitution (Social Science Education
Consortium, Inc., 1987)
John J. In 1796, the Supreme Court also used judicial review in a decision involving Congressional
taxation on carriages (Hylton v United States).
The role of judicial review has also spurred an on-going debate between those that believe the
Constitution must be interpreted as it was written and those who believe in a "living constitution"
that is bendable with modern times. After the 1857 ruling in the Dred Scott case, Abraham Lincoln
and other Republicans called for an expansion of the court to include more members from the anti-
slavery North. Supreme Court"/>As part of the federal judiciary, the United States Supreme Court is
the highest court in the nation and the final arbiter of all court decisions, both federal and state, that
are accepted for review by the high court under the appeals process. Patrick and Richard C. history
and its judges have been labeled "activist."
The Supreme Court and Constitutional Separation of Powers
The United States Constitution is designed to separate governmental powers as a safeguard to the
freedoms and liberties of Americans.

Вам также может понравиться