Pt. 2: The Founding Era/The Supreme Court

 

• What did you learn about the Supreme Court that you didn't already know?

• What is the most important takeaway point about the Supreme Court?

• What was the most surprising thing you learned?

• How did the video change the way you thought of the Supreme Court?

1.  I learned a great deal about the role of the Supreme Court. I didn't know that the Court deliberates in private. I knew that they often wrote their opinions publicly. I thought it was funny that Justice Souter said "you start doing your real work once you forget that you're here". I didn't know that the Court said that Congress could not ban slavery. I didn't know that the Fourteenth Amendment was called the Second Bill of Rights. However, this makes sense, as it has been used to shape our legal system in a variety of ways. The Fourteenth Amendment has been responsible for Brown vs Board of Education and Roe v Wade.  I didn't know that the supreme court receives 7000 cases a year. I knew that only a fraction of the cases were chosen to be decided upon. I also learned that each member wrote their decision after deliberating. 

2. A legislature does not share its reasons but a court does. People have to bring their problems to the court, the court does not make decisions if an issue isn't raised. This probably leads the court to make better decisions than the legislature. In addition to this, the justices serving for life allows making unpopular decisions. While the President can appoint justices, they are beholden to him and often make decisions contrary to what is expected. I have often thought that people saying "The court isn't political" is a cop-out. However, when I think about this statement more, I understand that the court focuses on the law and policies vs politics. While members are opinionated, many different issues arise that are not often dealt with at a national level.

3. This video made me think about how the authority of the Court relies on the trust of the people and the government respecting its role. Marbury vs Madison greatly expanded the role of the court by creating Judicial Review. John Marshall was appointed by Adams to be a Federalist lackey, but he was a competent man who tried to act in the best interests of the public. I am a bit jaded by modern politics and can fall into the opinion that people involved in our government often make decisions based on party loyalty. The court tries to follow the example of Marshall and make decisions that they think will benefit the public. While not the newest revelation to me, it is an important thing to realize in our divided country. Andrew Jackson famously ignored the rule of the court and proceeded with his plans of Indian removal. This set a dangerous precedent, which a few leaders have followed such as Abraham Lincoln suspending habeas corpus and FDR attempting to pack the court. While all three of these men are important American figures and lead our nation through difficult times such as the Nullification Crisis, Civil War, and WW2; their attitude towards the Supreme Court could have been better. 

4. The video made me understand the importance of the Supreme Court. It also made me realize how all of the justices are intelligent people who try to be unbiased. There is a lot of politics around who will be chosen for the court. This could be because we are in the middle of a major culture war in this country, so politicians feel more pressured to be partisan. It also made me understand that the court deals with a variety of issues that are not strictly political but more legal. The justices have their views about the law but talk it out with each other so they can have a better idea of what their individual decision should be.