A Brief Look at the History and Set-Up of the U.S. Supreme Court

United States Supreme Court Building via Wikipedia

     When I was younger, I originally thought the Supreme Court was the court that the worst cases would go to, such as murder. That understanding slowly evolved to the belief that the Supreme Court handled all cases dealing with federal crimes. Eventually, I learned that their role is to "interpret the constitution", and I took that to mean that after the legislators and president signed laws into effect, the court would decide if it was constitutional or not. Finally, after years and years of misinformation and misunderstanding, I came to learn that the Supreme Court interpreted the constitution and laws when cases were petitioned and sent to them to overturn a lower court's decision. As I learned more details about the Supreme Court, I did not feel as bad about taking so long to fully understand their role, seeing as in the beginning, the American people and the court itself did not have an immediate understanding of the scope of their role and power. 

    When the court was first created with Article Three of the U.S. Constitution, there were not specifics as to how it should be run; those decisions were left up to Congress. According to history.com, for the first 100 years of its existence, the Supreme Court was required to travel and hold circuit court twice a year in each judicial circuit, and throughout its history, the number of justices on the Supreme Court has fluctuated between the range of five through ten. That number had stayed at nine since 1869. 

    In the very beginning of America's history, although the three branches of government were supposed to balance each other in power, the Supreme Court was significantly weaker than the other two branches.

U.S. Government balance of power diagram via Khan Academy

However, their power increased after the Marbury v. Madison case of 1803. This decision established judicial review, the policy which allows the Supreme Court to determine the constitutionality of any law or action taken by the other branches of government. Judicial review gave the judicial branch a check over the legislative and executive branches, thus creating a more equal balance of power.

    In my opinion, one of the most interesting things about the Supreme Court is how justices are appointed and how that affects the court. When there is an open seat, the president will nominate a candidate who is then approved or denied by the Senate. Once confirmed, justices hold that position until they retire or pass away. This has always interested me because of the main positions in each branch -legislators, presidents, and justices- this is the only one the general public does not have a direct say as to who takes office. Granted, they can elect politicians to other positions who will then nominate and approve the people they want serving, however, there is not a public vote that places someone on the Supreme Court. I think this is one of the most important attributes of the court because it allows the justices to make decisions independently from external pressures such as maintaining votes to stay in office or election funding. 

    The other reason I find it interesting is because although there is this separation between voters and Supreme Court Justices, the court gets its power from those people. In "Comm3390 Supreme Court, Pt.1," the narrator states, "Their legitimacy is in the constitution, but their power rests on public faith in their independence and impartiality," meaning that as long as the people believe in the institution of the Supreme Court, the court will continue to have their power. 

    In sum, it was a long road to get the Supreme Court that we have today. First, they had to establish their presence as a balance of power within the three branches, and then other changes were made in order to make the court as effective as possible. Impartiality and independence are vital to maintaining a successful Supreme Court, which is possible with the lack of direct voter influence in determining the justices. Although the people do not have a direct say in who is appointed, the power of the Supreme Court ultimately comes from Americans who trust and follow the decisions they make.