Sunday, March 27, 2022

All Rise. Court is Now in Session.

 The Supreme Court of the United States of America 



In recent years I have gained interest in the Supreme Court of the United States, and it slightly started with the nomination of then Judge Brett Kavanaugh. Then, my interest grew with the nomination of then Judge Amy Coney Barrett to the Supreme Court. So far in my lifetime there have been six Supreme Court nomination hearings and currently five of those nominees are serving on the SCOTUS. Without a doubt there is always controversy surrounding the nomination whether it is for their past, rulings on cases, political affiliation, or personal opinion. Rightfully so, the Supreme Court plays a major part of the United States governmental system because they participate in checks and balances plus Justices serve for life.  


As of now there are currently nine justices that serve on the Court, and it has been that way since 1869. However, I did not know that the number of seats had varied from five to ten justices, but eventually nine were settled upon, a happy medium because they found five to be not enough and ten too many. Becoming a Supreme Court Justice is a rigorous process, once nominated the nominee starts meeting with different Senators especially, the ones on the Judiciary Committee (22 members). Then, they have a public, televised hearing where they are questioned by the Judiciary Committee for a few days. After their hearing it is in the hands of the fifty Senators and possibly the Vice President of the United States, if needed to break a tie. Even though it is a roller coaster of an experience there have been 115 justices to serve which is shocking because of the process.


It is important to know what the Supreme Court’s job is, which is to review acts made by Congress and deem them constitutional or not. This was established by the 1803 Marbury v. Madison Supreme Court case with the help of Chief Justice John Marshall who assisted with the establishment of the Court. SCOTUS is able to check what Congress does which is vital in America's society because of the power that Congress itself has like the ability to declare war, make laws, make decisions regarding governmental money and more. With SCOTUS power they interpret the Constitution so that they can, “safeguard liberty, preserve the union, and uphold the rule of law.” A balance that is needed to help a democracy run thoroughly.

I was surprised to find out that a former President served as a Supreme Court Justice. President William H. Taft was President from 1909 to 1913 and served as the 10th Chief Justice from 1921 to 1930. This is surprising to me because I cannot imagine a Congress nominating a former President to be on the Supreme Court. I think that only worked because of the times back then and the Court was trying to still establish itself. I know for a fact that in this day and time a former President would not be able to become a Supreme Court Justice because of the political division.




It was nice to hear directly from the Justices, in their own words, talk about their day to day, how they handle and review cases, and how they view the Court. At the beginning of the first video the narrator said, “They are people, not disembodied spirits.” I believe for the American people it is hard sometimes to realize that they are people, and not an evil body pushing their own (political) agenda. Justice Kennedy said, “In a way, we have an advantage that John Marshall [4th Chief Justice] did not. We have 200 years of history, of detachment, in which we can see the folly of some ideas, the wisdom of others” (Comm3390 Supreme Court, Pt. 1). Then, Justice Ruth Ginsburg talks about the rights that minorities have obtained through SCOTUS. It is reassuring to know that the Justices themselves understand the amount of weight that their positions carry and understand that they are responsible for protecting the American people’s rights. Lastly, in the second video Justice Stephen Breyer and Sandra Day O'Connor spoke against the myth of the Court being secretive. Justice O’Connor said, “I take issue with that. I think the court is remarkably open.” Then, Justice Breyer followed up with, “People sometimes think it’s secret because they have in mind a legislature” (Comm3390 Supreme Court, Pt. 2). I agree with Justice Breyer because as he went on to say Congressmen and women are not required to articulate why they vote the way they do. Whereas the Supreme Court must, that is a major part of their job and that creates transparency with the American people, the people they serve.









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