The True Extent of the Supreme Court’s Constitutional Influence
Many Americans currently lack a basic fundamental understanding of the Supreme Court’s origins and workings. The Court is a virtually unacknowledged entity. Unlike the executive or legislative branches, most Americans are only exposed to the Court during a greatly publicized issue—such as affirmative action or doctor assisted suicide. The Supreme Court is entrusted with the Constitution’s preservation through the process of judicial review. This authority means many of the Court’s decisions have a great effect on the American people.
In order to understand the Court’s role in today’s government, one must understand its history. The Court’s origins are deeply rooted in the philosophic …show more content…
Locke states that when men enter into a social contract, their consent "thereby made that Community one Body, with a power to act as one Body, which is only by the will and determination of the majority." In this society, every person agrees to obey a government founded on the principle of majority rule. Such a system will allow the society to conduct its business without submitting to the conflicting interests or opinions of a few. When the citizens fail to honor majority rule, however, the original compact is nullified; thus, the citizens lose their protection and return to the dangers of the State of Nature. The Constitution was created to serve as an extension of the Declaration’s Lockean based principles by creating a government that would fully preserve and protect its people. Locke advocat ed the use of a written constitution as a reminder of the social compact’s foundation. This document would then separate the powers within the government, provide for elected representatives, and allow the people to retain the right of rebellion against government oppression. Thus, it is from these four principles, that the first part of Hughes remark, "We are under a Constitution…" is fully understood. The Founders adopted a Republican form of government using these Lockean principles in order to protect the …show more content…
For example, the Court is limited externally by the possible impeachment of its judges and by the restrictions placed upon its appellate and original jurisdiction. The Court’s original jurisdiction is limited—under Article III, Section 2, clause ii—to "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be party…" Moreover, the Court is restricted from reviewing any case prior to its appearance on the appellate docket. The Court’s appellate jurisdiction can be restricted by the congressional discretion established in Article III, Section 2. Despite these restrictions, all cases that appear before the Court must be issues that can appropriately be decided by a court. People must have standing to sue the government, and Article III confines the federal courts to adjudicating actual "cases" ; and "controversies." In order for a case to be triable, a person must experience harm fairly traceable to a governmental violation of the law. Only if this link is proven can standing be
Many Americans currently lack a basic fundamental understanding of the Supreme Court’s origins and workings. The Court is a virtually unacknowledged entity. Unlike the executive or legislative branches, most Americans are only exposed to the Court during a greatly publicized issue—such as affirmative action or doctor assisted suicide. The Supreme Court is entrusted with the Constitution’s preservation through the process of judicial review. This authority means many of the Court’s decisions have a great effect on the American people.
In order to understand the Court’s role in today’s government, one must understand its history. The Court’s origins are deeply rooted in the philosophic …show more content…
Locke states that when men enter into a social contract, their consent "thereby made that Community one Body, with a power to act as one Body, which is only by the will and determination of the majority." In this society, every person agrees to obey a government founded on the principle of majority rule. Such a system will allow the society to conduct its business without submitting to the conflicting interests or opinions of a few. When the citizens fail to honor majority rule, however, the original compact is nullified; thus, the citizens lose their protection and return to the dangers of the State of Nature. The Constitution was created to serve as an extension of the Declaration’s Lockean based principles by creating a government that would fully preserve and protect its people. Locke advocat ed the use of a written constitution as a reminder of the social compact’s foundation. This document would then separate the powers within the government, provide for elected representatives, and allow the people to retain the right of rebellion against government oppression. Thus, it is from these four principles, that the first part of Hughes remark, "We are under a Constitution…" is fully understood. The Founders adopted a Republican form of government using these Lockean principles in order to protect the …show more content…
For example, the Court is limited externally by the possible impeachment of its judges and by the restrictions placed upon its appellate and original jurisdiction. The Court’s original jurisdiction is limited—under Article III, Section 2, clause ii—to "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be party…" Moreover, the Court is restricted from reviewing any case prior to its appearance on the appellate docket. The Court’s appellate jurisdiction can be restricted by the congressional discretion established in Article III, Section 2. Despite these restrictions, all cases that appear before the Court must be issues that can appropriately be decided by a court. People must have standing to sue the government, and Article III confines the federal courts to adjudicating actual "cases" ; and "controversies." In order for a case to be triable, a person must experience harm fairly traceable to a governmental violation of the law. Only if this link is proven can standing be