Monday, March 29, 2021

The History and Workings of the U.S. Supreme Court

Did you know, That Supreme Court justices serve for around 16 years or longer

Maybe it's just because I'm young and that is 84% of my life but that's a BIG commitment taking into account where you're working, the literal end all be all of some of these people's but anyway, let's talk about some history and workings of the Supreme Court

Major Historically Events:

John Marshall Wiki


  • Presidents always try to shape the court by their nominations and the President at the time, Thomas Jefferson was having trouble finding people who wanted to be appointed to the position

    • Everyone wanted to be in the Senate, where the money was and still is today

  • Eventually, he found John Marshall who agreed to become Chief Justice of the Supreme Court

  • Marshall comes to the court and wants to increase the power and prestige of the court because all branches of law are supposed* to be equal

    • For background information, they were in the basement

  • And he got to, innnnnn (drum roll please)

Madison vs Marbry Wiki


  • In this case, blah blah blah, legal things, but the main take away is that Judicial Review was established

  • Judicial Review was basically the power of the court to review all actions of all departments of govt and deem them constitutional or not

  • The court elevated itself and given itself the power to have the last word on everything 

Under John Marshall's leadership, the court made the constitution "an effective instrument for nation building" and earned a lot of respect as a "coequal branch of government".....that was until....


Dred Scott Case Wiki


  • Dred Scott was a slave whose master took him to an anti slave state and sued under the terms that he couldn't be a slave in an anti slave state

    • The Constitution wasn't good at these situations because the southern states were holding the northern states hostage

    • The President wasn't going to be any help because he and his had slaves

  • Basically, in the end, Roger Brook Tonny said “African Americans are not citizens”

  • Upsetting A LOT of Americans

It wasn't resolved until after the civil war in the 14th Amendment and was considered

"The court's great self inflicting wound"

They called the 14th Amendment the Second Bill of Rights because while the first one protected citizens from federal power, this one protected individuals from excessive state power

That's the major historical bits but here's how the Supreme Court works today

Workings of the Supreme Court

Receiving Cases 

  • They receive over a hundred new cases a week, but take into consideration only about 100 a year

Addressing Cases

  • When addressing cases they do look at, their main job is to ask and determine "Did the court apply the law properly and is it constitutional"

Working as a Team

  • While the Supreme Court Justices all share different opinions and stand by different things, in the end they all have one objective and respect each other's commitment and strive to fulfil that one objective

The Trial

  • They hear cases in public with opposing lawyers given 30 minutes to speak their side in an oral argument while the supreme court asks questions along the way

Deciding the Trial

  • Once they hear the arguments, they all get into a room together and decide on a decision 

Written Opinion 

  • Once they've come to a conclusion, someone from the majority side writes the opinion on why the court came to the decision it did, the legal side of it anyways

Finalizing the Opinion and Releasing it to the Public

  • Once drafted, written, rewritten, agreed upon, etc, it's released to the public for the press to summarize and rerelease to the common public what the court did and how it affects millions of Americans

The trust that the people of the public have in the supreme court justice to maintain balance and justice keeps this system flowing the way it does.

A lot of useful info can be found here at the Supreme Court's Website


No comments:

Post a Comment