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.
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