Thursday, September 12, 2019

The History and Workings of the U.S. Supreme Court

    Ever since 1789, when it was first fully established, the United States Supreme Court has had a profound impact on our country and the laws that impact it. Initially seen as insignificant to the running of our government, the decisions made in this court have created radical and widespread change in our legal system and the day to day lives of hundreds of millions of people.
    
    The court had a voice of its own since its inception. The earliest example of this was in the case Chisolm v. Georgia (1793) under the leadership of John Jay, where the Supreme Court allowed individuals to sue states (later partially overturned by the Eleventh Amendment to the Constitution.)  The most significant early action of the Supreme Court was the establishment of the precedent of Judicial Review in Marbury v Madison (1803), which gave the ability for the Supreme Court to determine whether laws were constitutional.

     The Supreme Court is intended to be the branch of government with the most distance from partisan politics. The Supreme Court justices, of which there are currently nine, are appointed, not elected, and given the position for life as a way to prevent justices from making decisions based on popularity. Thomas Jefferson said, “For intending to establish three departments, co-ordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone, the right to prescribe rules for the government of the others, and to that one too, which is unelected by, and independent of the nation.” Many would argue that this is no longer the case, as Justices are often considered either “Conservative” or “Liberal,” with votes across party lines becoming more and more uncommon.


     Numerous decisions in the Supreme Court effect is every day. Some examples of these are Gideon v. Wainwright, which gave the right for all to have an attorney even if they can’t afford one, Miranda v. Arizona, which gives us our Miranda rights, and Roe v. Wade, which prohibits states from outlawing abortion. The nine seats of the Supreme Court are extremely powerful, and will continue to determine the Consitutionality of laws and the path of our nation for the coming future.


    If you're interested in reading more about the history of the Supreme Court, click here.

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