Research Paper on "United States Supreme Court: Federal Government"

Research Paper 6 pages (2174 words) Sources: 6

[EXCERPT] . . . .

The Supreme Court, as mentioned elsewhere in this text, established its judicial review power in the case of Mardbury vs. Madison (1803), under the leadership of Chief Justice John Marshall. The court, in this case, was supposed to decide what the Supreme law of the land is between the Constitution and the Act of Parliament (United States Court, 2015). The Judiciary Act had given the court the authority to issue legal orders compelling officials of the federal government to act within the confines of the Constitution. However, it was noted that the court did not have original jurisdiction over the Constitution per se (McKeeler, 1995). It was decided, therefore, that the Constitution was the Supreme Law of the Land, and any executive or legislative act that deviated from the provisions of the Constitution could not be implemented (United States Courts, 2015). With this, the court established its power to revoke state laws, executive orders, or Congressial Acts that are not in accordance with the constitution.

Role and Impact

The Supreme Court plays four fundamental roles in the American legal system. To begin with, since it is the senior most court on the land, it basically acts as the court of last resort for aggrieved parties who feel that they have not been granted/accorded the justice they deserve in lower courts. Secondly, owing to its judicial review power, the Supreme Court plays a crucial role in ensuring that government officials and government agencies act within the confines of the Constitution. Thirdly, it contributes to the protection of civil liberties and rights by ensuring that state laws are developed and implemented in accordance with the law. Finally, it sets limits on democracy by ensuring that majorities do not pass and implement laws that are harmful to their minority counterparts (United States Courts, 2015).

The Supreme Court has definitely had a significant impact on society since its formation. Different societal groups have benefited differently from the decisions of the Supreme Court. Individuals in same-sex arrangements, for instance, benefited greatly from the case of Hollingsworth vs. Perry, even if their fate in 45 states still remains largely uncertain. In another case, Tinker vs. Des Moines Independent School District (1969), high school students benefited after it was decided that students ought not to be punished for peaceful demonstrations held on school grounds. The determining justices were in consensus that "students do not shed their rights at the schoolhouse gate" (United States Courts, 2015). Elsewhere, in the case of Wygant vs. Jackson Board of Education (1986), minority students benefited after it was decided that affirmative action programs seeking to increase the representation of black students in institutions of higher learning were legal and in accordance with the Constitution.

Conclusion

The Supreme Court has given some life-changing rulings in the two centuries of its existence. We all are familiar with the landmark decisions given in such cases as the District of Columbia v. Heller (2008), Mapp V. Ohio (1961), and Citizens United vs. FEC (2010), all of which had some significant influence on the American society. The Supreme Court plays the crucial role of ensuring that citizens are not denied their civil rights and liberties by unscrupulous government officials out to use their power and influence to the detriment of the greater population. Through its jurisdiction and judicial review power, therefore, the Supreme Court has most certainly brought significant benefits to the entire American society.

References

Beard, C.A. (2012). The Supreme Court and the Constitution. Mineola, NY: Courier Corporation

FindLaw. (2015). A History of the Supreme Court. FindLaw. Retrieved April 16, 2015 from http://supreme.findlaw.com/supreme_court/supcthist.html

Keith, L.C. (2008). The U.S. Supreme Court and the Judicial Review of Congress: Two Hundred Years in the Exercise of the Court's most Potent Power. New York, NY: Peter Lang Publishers

Lively, D.E. & Weaver, R.L. (2006). Contemporary Supreme Court Cases: Landmark… READ MORE

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