Thursday 28 February 2019

Supreme Court


The Supreme Court receives thousands of petitions every year asking them to hear cases. In public courtrooms, important questions our nation faces are argued. The Supreme Courts authority is in the Constitution, but its power comes from the faith the public has in them to interpret the Constitution. They are expected to defend Liberty, protect the Union, and maintain the rule of law.

On the Supreme Court, the justices are appointed by the president and serve an average of 16 years, but some are on the bench much longer. Justices have a responsibility to the law, the institution, and to their integrity. The public has no direct capability to affect the decision of the court through voting, thus, showing the importance of the appointment process.

The Supreme Court is tasked with telling the president, Congress, and the States what they can and cannot do. After 200 years, the American people have acknowledged the authority of the court. When the government of the United States moved to Washington, John Marshall was named chief justice. For the first time in Marbury vs Madison the highest judicial power was used overturning an act of Congress as unconstitutional. Including this first time, the Supreme Court has deemed acts of Congress unconstitutional 182 times.

During the years Marshall was chief justice the court earned the respect of the public; however, 20 years later the court tackled the most troublesome issue in the history of the United States. Dred Scott, a slave who claimed he was a freeman under an act of Congress. The court ruled that Congress did not have the power to ban slavery and that black people could not be citizens. This decision is remembered as one of the darkest moments. After the Civil War, the constitution was amended adding the Fourteenth Amendment, telling states they could not withhold the due process of law or equal protection to any citizen.

The Supreme Court has to wait for the people to bring the issues to the court via petition in order for the court to do anything about the issue. When the Supreme Court hears a case, the lawyers on each side get 30 minutes to share their arguments prior to the oral argument. Currently, on the Supreme Court website, there are transcripts and audio of the oral arguments. Within a couple of days following hearing the arguments the justices assemble in a room alone to vote on the case. An opinion describing the legal reasons for the verdict is written by one of the justices on the majority side. Every other court will hold this opinion in future cases, these are announced in late June at the end of the term.

https://www.supremecourt.gov/


 

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