This is, and probably always will be, my favorite unit in all of government. And my first observations on the court are borrowed ones. When you ask Americans to rank the three branches of the government, the Supreme Court usually ranks number one in the hearts of mice and men. This is followed by the President and Congress. Right now it is in that order. (As of today, SCOTUS ranks around 48%, POTUS is coming in strong at 44%, and Congress is bringing up the rear at a dismissal 13%.) REALLY!?! While I love the SCOTUS, I find this stat to be incredible for TWO reasons... 1.) The SCOTUS is the least democratic of the three branches. Those guys and gals in black are there because of some President's nomination... and Congressional approval. And once they are in, they are in for a term of "good behavior." Whatever that means. (Means they have to generally exercise ethical conduct. Folks have been impeached for alcoholism in the past in the judicial branch... and some other unsavory activities.) And if they are impeached, remember... that is 2/3s of both chamber doing their thing. You better have broad, bipartisan support. I view this as meaning that the justices do not have to fear being impeached for political reasons, especially if they are accused of being overtly political in their decisions. Um, ahem. That is the way it is supposed to be. But we'll get back to that in a few. Think about it like this, too. Eisenhower is famously cited as saying that Earl Warren was the biggest mistake of his presidency... not for Warren's role in advancing civil rights, but for Warren's track record on criminal law. (And that quote... it's apocryphal... but he probably said something pretty darn similar to that.) 2.) The SCOTUS, in trying to interpret laws, has a strong track record of ruling on the behalf of the minority. Think about it... at least in recent years, we have seen legislation undone by the Courts despite strong, popular support... things like:
They have to rule for the minority. That is the peculiar function that the courts were crafted to accomplish. While there is little in the Constitution about courts, aside from establishing jurisdiction, the Supreme Courts, terms for judges, and allowing Congress authority to craft an efficient legal system... The fact that these folks have "life" terms that are isolated from politics gives them the ability to make calls that are politically unpopular with the majority. And while the courts have assumed the right of Judicial Review courtesy of the Marshall court, it is not explicitly stated in the Constitution. This implied has become one of the largest swords the courts wield, and is firmly established in American jurisprudence. The amazingly beautiful thing about this branch's personality is pretty much exactly how Madison intended it. Madison and the other founding fathers constructed a branch that was unique in human history. An independent branch with powers separate from the others (unlike the Crown's courts in England, or the non-permanent courts under the Articles)... in which the court was there to judge actions against natural rights and precedent. The fact that Marshall enabled a check that actually erased illegal actions is truly another completion of this power.
So, as we continue through the court units we begin and end our reflections here.
2 Comments
Ross
4/11/2014 11:03:14 am
So do you use this blog with students as well? At the end , when it says "we begin and end our reflections here," do you link to a reflection form?
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Lovgov
4/15/2014 10:37:35 pm
Great question, Ross... I try to pick some overarching perspective to begin each unit, and continually refer back to throughout the unit.
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Jen's bookshelf: nerdcation
I want to start by thanking Mr. Snowden and Mr. Greenwald for their uncompromising dedication to giving the NSA violations air time and transparency.
I wanted to share some of the most important things I have learned from this book bef...
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AuthorI lovgov. LOVE IT! I love teaching government, learning about it, debating, discussing, asking questions about government. And not the standard boiler plate questions, but the hard ones that are NOT in the books. Archives
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