The Role of Courts in American Politics

Gaan

Dr. Sell

Political Science 120

The third branch of the federal government is the judicial branch. Before the existence of the Constitution, a system of state courts was in place. Through much controversy and compromise a decision was accomplished, which put in place the Supreme Court. In Article III, Section 1, “The judicial power of the United States shall be vested in one Supreme Court and such inferior courts as the Congress may from time to time ordain and establish.” The Supreme Court was initially set up as a part of the separation of powers in the American political system. It did not originally have the power of judicial review until 1803 in the case of Marbury vs. Madison (Young, 283), which then gave the Supreme Court the power to interpret the Constitution and overrule any law or action that was unconstitutional.

As part of the political system, the selection of judges has choice of the President and confirmed by the Senate. Once appointed, federal Judges are in the seat until they resign or die and are independent of the President’s influence. (Burns, 360-361) For example, the chief justice of the United States is appointed and holds tenure for life. He is one of nine Justices, and has the major role of interpreting the Constitution. This allows the Supreme Court to strike down any law passed in the country if, in the view of the Court, it is not constitutional. (Burns, 371-372) ...

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Other roles of the Court are to settle disputes between the President and Congress, state and federal governments, and individuals against both the federal and state government. The Court is also involved in making public policy. One major decision has been abortion. This issue is very volatile in American Politics. In Roe vs. Wade (Young, 74-78) the Court laid out the guidelines on which circumstances it was possible to terminate the fetus. Many other cases they have decided on have set precedence for new laws and have not set well with many politicians.

The Supreme Court fills many roles in American politics; interpreter of the Constitution, legislator, arbiter, and maker of public policy. The Court’s unelected role enables them to remain out of the day-to-day issues associated with politics, and capable of judging from a position where they do not need to satisfy the public. The life tenures make it possible for them to be independent of a party and make an impartial decision.

What makes it different from other Courts in the world as stated in Burns, p. 353, “Foreign visitors are often amazed at the power Americans give their judges.” Along with the system that are put into position, non-elected, and the fact that every law passed in the country is allowed their scrutiny differs greatly from other countries.

Works Cited

Burns, James. Government by the People. New Jersey: Prentice Hall, Inc., 2001.

Sarokin, Lee H.. “A Judge Speaks Out.” American Government, Annual Edition 2001: pgs. 106- 108.

Young, William D.. Source Readings for American Government. Orlando: Harcourt Brace & Company, 1999.