Monday, September 9, 2019

Blog 2: History and Function of the Supreme Court

In the year 1789, the Supreme Court was created. This branch of government was created to safeguard liberty, preserve the union, and uphold the rule of law. It determines the boundaries between the president, congress, and the states. In 1801 when the US government moved to Washington, the Supreme Court was held in the unfinished capitol. Chief justices were given the greatest judicial powers and when the new court was made, John Marshal established it as a well-respected form of government. One mistake made, however, was the Dred Scott Decision in 1857 which gave western territories the right to own slaves. This was the court's greatest self-inflicted wound so they amended it after the Civil War with the concept of due process- the idea that people cannot be thrown in jail without a fair trial- in the 14th Amendment. The "We the people" mentioned in the Constitution, therefore, applies to everyone who lives within America.
The fascinating thing about the Constitution is that it gave advice and certain truths that are still relevant to the problems that the Court deals with almost 200 years later. Every year, the Supreme Court deals with 1,000 different petitions and 7,000 new cases. 9 justices consider these, whether it involves defending a wrongly convicted prisoner or defending the president's power. The oral argument that follows is essentially the court having a conversation with itself through the attorney and talking to 9 different justices about a case can be overwhelming as there are at least 4 different trains of thought being juggled through. A few days after this argument, the justices meet in a conference room and reach a decision for the case, which the law clerks explain legal reasons for doing. Reporters find out about these soon and briefly explain the new decisions. Opinions are later sent to all 9 justices and amendments might be made along the way. Thus, the law is maintained in America.