Thursday, February 01, 2007
Untouchable Power: The Supreme Court
There is a power in our nation’s government today that remains unchecked: the Supreme Court. Although the court is responsible for making some of the most important decisions in our country, the judicial power stands nearly absolute. The justices on the Supreme Court are appointed to serve a lifetime, but who are these people? The selected judges are given the task of making decisions and judgments based on our nation’s Constitution, but in the present age, many justices do not strictly follow these guidelines. It is the responsibility of the people of America to consider if in this flawed system there can possibly be a solution or a better approach.
The Supreme Court is the only branch of government that is unchecked by other government branches. The only power that the legislative and executive bodies have over the Supreme Court is the power of appointment and if necessary, impeachment of those unfit for duty in the court. In 1803, the Supreme Court made a decision in the case of Marbury v. Madison in which they ruled that the Court has the power to judge the constitutionality of Presidential and Congressional actions and, if they think necessary, overturn them. In this way, the Supreme Court has taken greater power over our government than it was ever designed to have. The Court can essentially veto acts of the President and Congress, but the executive and legislative branches cannot, in turn, veto the acts of the Supreme Court. In this way, the Court has been given great, unchecked power in our government.
In the Supreme Court, the leaders are not elected by the people of America, but rather appointed by the current President at the time an opening arises. Justices are brought to power in this way so they will not be politicians, simply judges. Keeping this line clear is essential to the function of the Supreme Court. The justices should only be subject to the Constitution, not the swaying of a political party.
Since justices are not politicians, they are appointed to a lifetime position in the court. Although this avoids elections and regular complete changes in the justices, it also allows unfit judges to continue in their powerful positions until death, retirement, or in extreme cases, impeachment. In the past, our country has seen in the Supreme Court justices that have been insane, mentally and physically unstable, spies, racists, the physically abusive, delusional, and thieves. These are the people that our country then grants unbalanced power to decide our most important and influential legal issues.
The role of the Supreme Court justices is to make rulings in legal decisions based on the law our founding fathers established in the Constitution. However, many justices, politicians, lawyers, and citizens alike are now questioning the relevance of this historical document in the present day. Some justices, known as originalists (or strict constructionist), closely follow the laws and principles that are outlined in the Constitution; however, some believe that it is outdated and not applicable to our current times. These justices, known as activists (or loose interpreters), consider the broad principles of the Constitution, but add personal beliefs, values, and interpretations. Of such activists, Mark Levin writes in his book on the Supreme Court, Men in Black, “judges have abused their constitutional mandate by imposing their personal prejudices and beliefs on the rest of society” (Levin, 10). Activists who base decisions outside the precise meanings in the Constitution are making judgments through a different moral and legal standard than those on which this country was established.
In the presence of these flaws in the Supreme Court system, Americans must decide if there can be another approach to the Court and the addressing of national legal decisions. In my opinion, we cannot improve this system. It is not the system that is flawed, but rather the people. Man is imperfect and our nation’s government is imperfect, yet it is arguably the best government in the world. I think that the Court should not necessarily have all the power that it was granted in the Marbury v. Madison ruling, but that case is closed and the judgment has been made. It is important for Americans to be aware of Supreme Court happenings and their rulings as well as to promote Constitutional thinking. We must look back to the principles on which this mighty nation was established and not create new standards based on personal beliefs. If the Supreme Court does not base our country’s most important legal decisions in the Constitution, they will soon destroyed our foundation, leaving no basis on which to make judgments in the future.
Works Cited:
Levin, Mark. Men in Black. Washington D.C.: Regnery Publishing, Inc, 2005.