Essay On Supreme Court

Improved Essays
The supreme court is one of the main pillars of government, whose original job was to rule over cases from original jurisdiction to appellate. However the court took on a very important power early on in it’s life, this power was the power to declare laws unconstitutional or judicial review. This power allows the court to govern to a limited extent their word essentially becoming law. This may be seen as some as a bad thing, however in all reality it may be a necessity. The supreme court acts similar to a watchdog in many cases. The power of judicial review combined with the fact that it 's the highest court means that its decision is essentially law. However it does change. The court is also unique in that it isn’t elected by the people. This means that the court may not always fall in opinion with the people. This is where the primary problem comes from. One side says that the life terms allows for impartial ruling however problems do arise when you consider generational shifts. Problems also arise with …show more content…
This in theory could cause problems, however this isn’t really the case the average term of a supreme court justice is only about 16 years(supreme court gov site). Granted the longest term was almost 37 however the shortest was a temporary chief justice who served a little over 5 months(supreme court). The more interesting part is that there are no actual requirements in the constitution to serve on the court(history.com). The court’s members where intended to be “men of wisdom”(class) not bound to the president or any political party. They where to act in the best interest of the nation. The nation not people mind you, infact the court 's opinion on issues change as it does a prime example being the “separate but equal” decision. It makes sense that the court changes with time. The question of this paper is whether or not they should be left to voters or the president to decide the

Related Documents

  • Improved Essays

    What we call judicial review today came about in the case Marbury v. Madison (1803), when Supreme Court Chief Justice John Marshall assumed that power from the legislator. Marbury v Madison made it clear that the Supreme Court had claimed Judicial Supremacy in deciding unconstitutionality. In the book, Taking Away the Constitution From the Courts, author Mark Tushnet argues, “Doing away with judicial review would have one clear effect: It would return all constitutional decision-making to the people acting politically. It would make populist constitutional law the only constitutional law there is” (154).…

    • 1430 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    The United States Supreme Court is the uppermost federal court on the earth that offers lifetime tenure to a selected few. Justices John G. Roberts, Ruth Bader Ginsburg and Sonia Sotomayor are currently serving out their lifetime tenures and shaping the landscape of America with their decisions with various cases. Chief Justice John G. Roberts Chief Justice John G. Roberts born on January 25, 1955 attended Harvard College and soon Harvard Law. At Harvard, Roberts became the managing editor of the newsletter.…

    • 1506 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    There are several arguments encased in this reading. Although, the main argument is to initiate Article V of the constitution with the proposition over turning Judicial term limits. Within the United States constitution, it states if you need to amend, it can happen by two approaches, one being a state convention in order to gain approval for Congress to pass and ratify another amendment. For this convention to convene you need a total of thirty- four states participation and only some have initiated the process. The judges in the judiciary system, especially in the high court, serve until they retire or pass away.…

    • 328 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    The Supreme Court’s ability to declare a law unconstitutional leads many people to believe that the Judicial…

    • 1217 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    Judicial Branch Essay

    • 1364 Words
    • 6 Pages

    The U.S. Supreme Court is a part of the Judicial Branch and it is one of the main courts in the United States. It has the supremacy to check over the laws made by the executive branch and the right to say if the president is acting inappropriately or making ruthless choices. The Judicial Branch is in charge of determining the sense of the law, how it pertains to real life scenarios and whether an act breaks the rules of constitution. The Separation of branches was first suggested by an English philosopher and political theorist by the name of John Locke. Two of his quotes involved with the constitution include; “When the king loses the consent of the governed the society may remove him”.…

    • 1364 Words
    • 6 Pages
    Great Essays
  • Decent Essays

    What Is Lifetime Tenure

    • 254 Words
    • 2 Pages

    The Constitution expressly states under Article III that “that judges both of the supreme and inferior courts shall hold offices during good behavior”. This could be interpreted as an appointment whose term of office is for life so long as they are in good behavior. I personally do not agree with the lifetime tenure. I would prefer to have the Justices or Judges to serve at certain number of years like maybe 15 to 25 years. Lifetime tenure creates problems such as it allows bad Justices to remain at the bench for a long time except instances were impeachments against them prosper.…

    • 254 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Supreme Court Justices should be subject to term limits. Both the House and Senate limit their terms, which leaves to questions, why not the Supreme Court? There are many arguments that Justices should not be subject to term limits, because of how well they know what they are doing. They have been in the position for a while and will continue to be. These political figures are the protectors of the Constitution and understand it better than anyone.…

    • 473 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    I think the Constitution should be flexible and that the United States Supreme Court should have the power to change laws that no longer reflect societal norms and that are deemed unconstitutional. The flexibility in the constitution allows the government to adapt to changing needs of the society in the future. Many people like James Madison believe that the Constitution should not be altered or fixed but rather followed the same way it was written. On the other hand, many Americans like Thomas Jefferson think that each generation should decide what the constitution should be governed. How would people feel when the structure was rigid as a rock, or our fundamental rights were violated due to the law.…

    • 381 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    First, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Secondly, the high court protects the civil rights and liberties of the common American by striking down laws that violate the Constitution. The final major role of the Supreme Court is to appropriately monitor our government in such a way that popular majorities may not harm or take advantage of unpopular minorities. For most of our history, the Supreme Court selection process was characterized by its insularity.…

    • 1530 Words
    • 7 Pages
    Improved Essays
  • Decent Essays

    Article three in short, explains Judicial Power of the U.S. in the Supreme Court. The Judges in the Supreme Court should hold good behavior and earn a certain amount of money that is not allowed to minimize during their time in office. Furthermore, article three explains how the Judicial Power extends to all cases, in law and equity. All power and authority is given under The Constitution. The ending of article three, speaks of what should happen in the case of treason and how it should be conducted when related to the U.S. or a person.…

    • 155 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The Supreme Court has made a lot of important decisions that impact the lives of United States citizens every day. If I would have to summarize what I have learned from the United States Government class in very few words, it would have to be that the justice system was built to be fair and just for everyone and that the government structure was framed to be as effective as it can be. Even though history has shown more than once that the system can be exploited and government corrupt, like any system and governing body can, it still comes to show that it is effective and was put in place with the people in mind. There was a point in time where the two collided and one of the more important rulings of the Supreme Court has been made. I am talking…

    • 652 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    That a case arising under the constitution should be decided without examining the instrument under which it arises?” ( John Dickhaus; 2013) This decision means the rights were given to the Supreme Court to decide this case even though it was stated in the constitution. The courts give many reasons for us to be ashamed of them, but does this warrant the need to limit the tenure of federal judges and turn the court into a partisan war zone? Justices are not concerned with popularity, they make hard, life altering decisions every day without the fear of making many people mad. Justice should be able to sit the bench without fear of worrying about their positions in the court and focus their time and energy on the hard judicial case decisions that come their…

    • 1421 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    Pewresearch.com took a survey on Republicans, Democrats, and Independents on whether the U.S. Supreme Court should base rulings as they are meant today or as they were originally written. Most Republicans said that the U.S. Supreme Court should base rulings as they were originally written (69% to 29%). On the other hand, Democrats (70% to 26%) and Independents (48% to 47%) said that the court rulings today should be based on what the U.S. Constitution means in current times. In total 49% of the people that were surveyed, said that the Supreme Court should base rulings on today’s meaning of it. 46% of people surveyed said that they should rule court cases by how the U.S. Constitution was originally written.…

    • 1313 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    To maintain the strength of the Judicial Branch having a strong system to provide checks and balances of the other branches of government, there should be a certain level of independence for the Judicial Branch. The Judicial Branch often has the last say in matters regarding judicial review, and because of this, they should be able to operate independently from the other two branches and serve as the final say in these matters. According to Padovano, Sgarra, & Fiorino, (2003), the judiciary is generally better positioned to check such unlawful behavior then voters, since he has access to much better information than they do. Voters that often want a bigger say in these rulings are not always the best options for keeping a strong checks and balances for the highest level of decision making that occurs in the judicial review process. A certain level of independence to the Judicial Branch can allow the certainty of a strong separation of powers and checks and balance system that cannot be controlled by the very parts of government it is trying…

    • 834 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Throughout our history, there has been a concurring question, in which the burden has weighed heavy the shoulders of many citizens. Should Supreme Court judges be elected or appointed? In the process of this debate, a main concern of the overall argument shadows the question that if today’s method of selection is constitutional and publicly acceptable. In order to keep the public content and still have a reliable court system, there are many factors that are taken into place, which is also one of the reasons why the answer to this question has yet to be justified. In addition, there is an equal amount of supporters on either side who each claim their position is the most ethical and reasonable choice.…

    • 2056 Words
    • 9 Pages
    Superior Essays