Monday, January 25, 2021

The History of the Highest Court

 The Supreme Court


Some of the biggest moments in history have been decided in the highest court or the Supreme Court and have shaped our perspective of the law. It is the most powerful judicial body on earth and is solely based on the Constitution. (Stephens, 2013) 

There have been only roughly 100 Supreme Court Justices since the establishment of the court itself and there is a strong focus on the confirmation process itself. John Marshall was named Chief Justice in 1801 after the Act of Congress was deemed unconstitutional. The court now roughly takes in 100 cases each year while actually receiving thousands. This is crazy to think about as often you hear about a few big cases each year that catch national recognition, often on key topics. Although I had not known much about the Supreme Court previously, I always found it interesting how much power they had in controversial topics of discussion.



(Source: AP News)


Public Faith and The Constitution



There are two major factors that shape the highest court and that is public faith and The Constitution. The power that the Supreme Court has is only as strong as the faith that the public has in them and the document itself. I know for myself I look to the Supreme Court to make the right decisions in determining some of the most controversial topics from abortion to voter fraud. Although there are times we may not agree with their decision we have to understand it is the right one based on the Constitution and upholding the rule of law. The 14th Amendment itself told the court that they could not control state power, meaning that you are not only a citizen of the United States but of the State in which you reside in. Because the court relies on public faith and the Constitution we may sometimes disagree with their decisions. 
    
We have to understand that they are working under the rule of law and for the people. I often look to the first line of the Constitution when I think about the law and our country "We the People." Our country is made up of us the people and is directed by those in government who serve us and this country. I think there is a disconnect with politicians who decide that they do not work for the people, but instead themselves. This is one constant within the Supreme Court itself with the goal to serve us, the people. 



(Source: National Center for Constitutional Studies)


A Self Inflicted Wound



Although the Supreme Court is often on the right side of public opinion, there have been many cases where the public has not agreed with their decisions. One case that caused a stir was the Dred Scott case, a case in which Scott claimed freedom under Congress. In this case the Supreme Court said that they could not determine that which caused uproar among citizens. (Stephens, 2013) Current day they have not faced issues such as this one, but instead have people on both sides of the aisle who agree and disagree with the courts decisions. 


Present day and The Supreme Court


Today the Supreme Court has the history of detachment on their side which makes it easier for them to make decisions.  The feelings that occur about many of these decisions are minimal and often cause very little backlash for the members of the court. I know for me there are times I disagree with the court but know in the back of my mind they are making the best decision for the country. Do you often feel that you disagree with the courts decisions? Is it harder for them to make decisions knowing the social pressure from both sides? Or is it easier because they know they care about the Constitution and the founding principles. I think these are questions we all consider when we hear about a new case on the news that is being taken up with the Supreme Court. 


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