The Founding Ideals

In 1801 John Marshall became the first chief justice of the Supreme Court. He helped to increase the power/prestige of the Court by granting it the right to interpret the constitution. During this time, the Court gained a lot of respect and we still see it today. The Courts power to defend the constitution and make fair decisions, governs the US to function in an orderly manner. However, we find that in history there was a time where the authority of the Court was weakened. Chief Justice Roger Brooke Taney ruled that the court had no power to ban slavery and that blacks cannot be citizens. This led to the need for amending of the constitution after the civil war. The constitution was amended to abolish slavery, define citizenship, and grant voting rights. Just as the original bill of rights was there to protect citizens against federal power, the 14^th amendment represents the 2^nd bill of rights that protects citizens from excess state power. It made sure that due process of law cannot be denied and the equal protection of law for any citizen. Through this amendment, we see the power and authority of the Court being restored strongly.

The job of the Supreme Court is to use the constitution to resolve national problems. However, interpreting the constitution has its advantages and disadvantages. One reason being the differences on fundamental philosophy that each of the nine justices may have and then the ability to come to a consensus as a whole to interpret the constitution. The interpretation of the constitution is a process that requires careful attention and consideration of issues in varies contexts. Each week the Court receives more than 100 new cases which leads to a total of about 7000 cases a year. Most of these cases are petitions for certiorari which are written arguments attempting to persuade the Supreme Court that the lower court was incorrect. The Court only accepts a very few cases for full consideration. New petitions are sent to the justices once a week and the justices do their own work to determine the facts of the cases that have already been established in a trial court. Then the justices have a conference where the cases will go through a series of legal questioning in order to determine which cases will be accepted.

Once the justices have selected the cases, the Court hears the cases in public. This is where the lawyers have 30 minutes of oral arguments before the nine justices. The justices will ask the lawyers multiple questions from every angle in order for them to fully understand the case and make decisions based on what the lawyer is saying. These oral arguments are important because it allows for abstract principles to be applied to real life situations and that’s what the lawyers are there to remind the justices. The justices will then vote to decide the case and then write an opinion which explains the legal reasons for their decisions. Opinion writing is time consuming but it is necessary because it binds all other courts when deciding future cases. The opinion goes through several series of revisions before being finalized and released.

As the justices announce their decisions in the courtroom, the public information officer is notified by telephone to release the copies of the opinions to the press. The reporters will then try to briefly explain the decisions of the Court and their reasons. The reporters are communicating this information to the general public in order to inform them on how the decisions will impact their lives. The Supreme Court is a very unique and powerful branch of the US government. When the Court speaks, most people obey. The Courts ability to function in a fair and orderly manner is one of the keys for freedom in the US. The power of the Court is the trust the people give to them. Therefore, as the Court functions fairly, it is easy for the people to remain respectful and obedient to the decisions of the Court.