Monday, January 25, 2021

The Supreme Court


        The Supreme Court is one of the United States' three branches of government serving as a check and balance for both the legislative and executive branch of government. The bedrock of the Supreme Court is preserving the union, safeguarding American liberty, and upholding the rule of law. Dating back to its conception, the Supreme Court has ruled on many bedrock cases that permanently shifted American discourse. Handing down decisions on key issues such as race Dred Scott and Brown even as recently as 2015 with the decisions to grant marriage rights to individuals of the LGTBQ+ community. The Supreme Court is not perfect, no institution or body of government is. Cases like Dred Scott are considered "stains" on the reputation of the Supreme Court as they echo prejudices of the American majority rather their supposed commitment to the United States Constitution. 

       Established in Article III of the 1789 draft of the United States Constitution, the Supreme Court is like the middle child of the American government; often ignored, neglected, and overlooked despite their unique role in protecting the American republic. With just more than 110 justices having the ability to serve lifetime appointments, the Supreme Court has transformed itself from an undesirable branch of government to being one of the most influential and transformational institutions in the world. The man responsible for this transformation is the 4th Chief Justice of the Supreme Court John Marshall. Justice Marshall brought the case Marbury v. Madison to the court's docket which brought the stature and influence of the court at equal level to the legislative and executive branches. 


        Recently politicized with accusations of being "advocate" justices who make decisions based on political persuasions, today's court is tainted with the idea that our justices are no longer an independent check on the legislative and executive branch, but rather the court is submissive to the other branches wants and desires. These accusations are thrown around by both political parties and can be seen in the two most recent confirmation hearings of Supreme Court Justices Amy Coney Barrett and Brett Kavanaugh. The Supreme Court is still an institution of prestige and justice. The line between republicanism and tyranny. The power of the Supreme Court rests not upon elections or the will of the people, but rather the power of the Supreme Court rests upon the faith of the people, not the power of the people.


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