Tuesday, March 22, 2022

SCOTUS

The Supreme Court of the United States goes by a few names like 'SCOTUS', 'the ultimate check and balance' or 'the most powerful judicial branch in the world'; it's there to serve the American people  as the highest federal court.  

Samuel Chase 
The Supreme Court's Rule Breaker
Did you know that nowhere in the constitution does it state qualifications for Supreme Court (SC) Justices or how long they can hold on to their seat? I sure didn't. I find it quite odd that the American President can serve a maximum of two terms if re-elected (eight years total)-but SC Justices get to serve until death, retirement, or impeachment; let's just say whichever one comes first? With over a hundred Judges, the average Supreme Court judge will serve sixteen years. It turns out, the constitution, the document that serves as a basis for American democracy, refers to the Good Behavior Clause which only states judges (Supreme and inferior courts) "shall hold their offices during good behavior"-meaning, the only way out is impeachment. The most unique case involved the impeachment of Samuel Chase (1804-1805) for rejecting the dismissal of biased jurors and restricted defense witnesses in partisan related delicate cases; when in fact, the foundation of the Supreme Court is to have independence and impartiality while safeguarding liberty, preserving the union, and upholding the rule of law.  

Thomas Jefferson's Sweet Ride in 1790
Despite the shock of only a single associate justice being impeached in all of SCOTUS' history, there was still one more surprise in the insightful Supreme Court article. The most surprising thing I learned, up until 1891, was that it's the justice's duty to hold circuit court twice a year in each judicial circuit. Picture this, it's February 1, 1790, and the Supreme Court is about to assemble for the first time at the Merchants Exchange Building in NYC, NY. You're nervous, excited, and frustrated all at once because a couple of judges have failed to show up. You get word that the circuit court has been postponed because some of the justices' had transportation issues. I guess their horse wouldn't kick? Sorry for the spoiler but it's been 232 years-you've had time to research it on your own. It amazes me that despite the primitive transportation, long travel hours, and inclement weather this grueling task continued for so long. 

FDR 1937 SCOTUS Opposition to Packing Plan
An interesting fact about the Supreme Court is that since 1869 under former President Ulysses S. Grant, approved by Congress, there have been nine seats. Some Presidents in the past have added a tenth seat, under Congress, and filled it with the supreme court justice of 'their' choice to ensure the court supported their proposal, like Lincoln in 1863. Nine justices mean an odd number of votes, extinguishing the chance for a perfect split vote where the court is in a divided house. It's important to note the first court only had six justices (Judiciary Act-two justices per region) and has gone through a series of trials and errors in the number of seats Congress allowed with a low of five to a high of ten! To be appointed, the President must nominate a potential justice which is then followed by a final vote in the Senate where the majority wins. There have only been five people in history who have received no votes for the U.S. Supreme Court. Surprising? Maybe. What's even more so and possibly irresponsible is that our Constitution doesn't list qualifications for a new justice which leaves nomination requirements ever-changing in the eye of the nominator and confirmer. 

"Notorious RBG"
The most important take-away point about the Supreme Court is their  distinction in power between the President and a Senator. Rather than being able to change something because they believe it's wrong or desires to be an advocate for its fix, Justices must wait for the people to bring their problems to the courts. It is through a case where change can be made-not the other way around. I also believe Former Associate  Justice Ruth Bader Ginsburg made a key point in her interview. Ginsburg dictates how the phrase "We the people" has evolved from being composed of a was composed of a very small part of people who illustrated no woman could vote and most people were held in bondage. Also, Native Americans were not treated as citizens of equal stature and dignity so these people do not count. Today, "We the people" of our Constitution embraces those who it did and didn't at the start. I love this point because it suggests the interpretation of the Constitution Ginsburg takes. She chose to uphold its written word but admire how far the Constitution has come to include all people. To embrace the people for all of those who compromise the people.  

I originally believed the Supreme Court to be what some people strive for as their end goal, final destination, or most distinguished honor. After watching the SCOTUS History video and the Supreme Court videos my belief has since changed. As it turns out, some have said being appointed to the Supreme Court is equivalent to being struck by lightning. 
"We are quiet but it is the quiet of a storm center"-Oliver Wendell Holmes 


Also, I believed the Supreme Court sometimes dismissed cases too quickly or didn't give equal consideration during the process for granting or denying certiorari. Perhaps times have changed but as far as Former Associate Justice of the Supreme Court, Sandra Day O'Connor is considered, she believed what makes the US Supreme Court so remarkable is that process, every petition, whether filed by high priced counsel or whether it's written by some prisoner sitting in jail someplace in his own hand, gets the same individual consideration. The U.S. Supreme Court is in fact one of integrity and competence. As Americans, we should trust in this system and our appointed justices-but not hesitate to question, dig deeper, or protest the entirety of this judicial body. It is "We the people" who get the last word. For every time 'we' amend the Constitution it's about 'We the people' interpreting the Constitution. 

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