The Supreme Court

First of all, sorry I've been away for so long! School has started and I have been so incredibly busy! But I've gotten some pressure lately from people to start writing again, so here we go. I want to shift directions, though, and make a fresh start. Now that I am enrolled in Political Science courses here at OCU, I am very interested in the way our government works. While current issues are still very important to me, and I have still have opinions on them, I would like to use this space to discuss, for lack of a better term, political science topics. I still want feedback, now more than ever. Your input is crucial. A discussion of our government's structure and the way things happen in it is crucial, especially at this point in time, with some many exciting things happening in Washington D.C. I hope everyone is mildly interested in this new direction, and you all are willing to discuss with me.

I really want to talk about the Supreme Court right now. Now, my motive is that tonight in my Politics of Law class, our entire conversation centered on the nomination process of the Supreme Court, and what those who have a hand in the selection of justices should look for in candidates. We also looked at who or what exactly a Supreme Court justice represents. In the American government, everything originates at the Constitution. However, at times, the Constitution is intentionally vague in its wording. The Founding Fathers purposely wrote it this way so that it would be a living document that pertained to all ages, not just the one in which they lived. Because of this, a body is needed to interpret the way the Constitution is written and apply is to society. This body is the Supreme Court. The way this is done is through judicial review. Cases are appealed to the Supreme Court, and the Court rules on them based on their interpretation of the Constitution. The law that the case concerns in either upheld by the Court or declared unconstitutional. If no particular law is concerned, then a precedent is set for future matters concerning the issue. The Supreme Court has no official way to enforce its rulings, but it understood that you go along with them out of respect for the Constitution. If you disagree, you can attempt to bring another case that concerns the law in question, and attempt to get it heard. Now, this summer, the big controversy was over judicial activism. This is where the court is not just interpreting law, but instead making policy. My opinion is that this is splitting hairs. I guess technically the act of making precedent could be interpreted as policy making. However, the precedent can be overturned if an official law is passed. Until then though, the duty of the Court is to establish a precedent that is as good as policy, in effect. Also, I suppose the act of declaring something unconstitutional could be considered policy making, in a way. Do you see the point I'm getting at here? The outrage over the idea of the court making policy is absurd. The job of the Supreme Court is to rule on these laws and ideas. If it overturns a law, in effect, it creates a "policy". The Court has no way of writing a law into effect; that power is granted solely within the Congress.

The other big controversy surrounding the Sotomayor confirmations was the idea of personal bias and a candidate's background. It is impossible to peel away one's personality from one's self. It is who you are. Of course, anytime a Supreme Court Justice makes a ruling, that person is going to draw upon their own experiences to help them understand the impact their ruling will have on people. This is why we have nine justices, and not just one. The variety of opinions and experiences will allow the body as a whole to make the correct decision. This idea is one explored prominently in philosophy. You cannot take off the "rose-colored glasses" through which you see life. Your personality, which is shaped by your life experience and background, has a hand in everything you do. This is what creates opinions and individuals. A variety of opinions and ideas on the Supreme Court is a good thing! We want the Constitution interpreted in a way that doesn't cater to one group or another. If you have nine people who are the same gender, same race, same religion, same age, same background, then the way they interpret is obviously gonna lean in a certain direction. But if you have nine different people, and those people bring their ideas and experience and customs to the conversation, then the debate over laws will be more nuanced and far-reaching, and the correct ruling will be made, because all opinions have been heard and all viewpoints have been consulted. Remember, the Constitution is a living document. It is not static; it does change. It changes because we as a people change, and the way we look at this great document changes. Thus, we interpret it differently than America in 1878 did, differently than America in 2145 will. American society and the Constitution must adapt to each other; it is not a one way street. It one or the other does not adapt, then no progress can ever be made. If we still thought the way our Founders did, then slavery would still be practiced, and women would not be allowed to vote or hold office. It is absolutely crucial to our survival as a nation. And it is what makes America such a great country: while others are mired in Medieval ways of life, we are constantly flowing forward and allowing ourselves to become a better people.

I just want to address one more issue. The biggest part of our conversation in class tonight centered on who does the Supreme Court represent? I am of the opinion that the Supreme Court represents nobody. They are not voted in. They don't favor one group over another. The argument was made that perhaps they represent the people. However, if this was the case, then they would never rule in favor of the government in a matter. It is absolutely crucial that they do not have a particular constituency. Their job is to interpret law not based in what the general populace is, but what is right by the Constitution and for our country as a whole.

Please, let me know what you think. What is the job of our Supreme Court? Are they fulfilling that job? Do they represent someone or something in particular? Remember, free and open discussion of our opinions and ideas is what sets our republic apart from other forms of society.

Checkin' In

Hey everyone! Sorry i havent written in a while. Things have been really busy with school, running, and the various organizations I'm in right now. But I promise to have something new up by Thursday night! Until then, I encourage you to watch the President's speech to the Joint Session of Congress tomorrow night. That is probably what a lot of my new post will be about.

Later!
Justin