SCOTUS should not have this much authority in government. | The Odyssey Online
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Politics and Activism

the supreme court is supposed to interpret the law, not create it

There is no R or D next to a Judge's name.

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In 1789, our Founding Fathers created the highest federal court in the entire United States of America. This court, established under the third article of the United States Constitution, was established in order to read and interpret federal court cases, ultimately ruling by precedence of the "law of the land": the United States Constitution. The Founding Fathers recognized that some of these court cases may have political undertones; however, the Supreme Court does not act in favour of swaying political parties, opinions, or thoughts...or at least, that is what they used to do.

In the last three years, two seats of the Supreme Court have been or are about to be replaced. In one seat is Justice Gorsuch, President Trump's first Supreme Court nominee who replaced Justice Scalia after his death in February 2016. The other seat remains empty, but in a few months will be filled by the replacement of Associate Justice to the Supreme Court Anthony Kennedy. In the wake of this historic event, the general public, split by their political affiliation, have entirely distorted the main purpose of the Supreme Court. To them, the Supreme Court, especially its members, is simply a pawn in their game for political power.

Look at the massive news coverage on the new Supreme Court nominee Brett Kavanaugh. Not one news reporter has asked Judge Kavanaugh whether he intends to uphold the Constitution. No, the same news reporters are more interested in what his personal political opinions are and if they are going to affect his decisions in court. Most news stations are too busy reporting what they assume to be a Supreme Court nominee's political opinions rather than focusing on the Supreme Court's job to stay out of politics and interpret the law as is straight from the Constitution.

That is why there is no R or D next to a Judge's name. A judge's personal political opinions have nothing to do with his or her job as a judge. A judge, especially a Supreme Court Justice, should not create laws, like the legislative branch, or enforce laws, like the executive branch. Centuries ago, the Founding Fathers created these separate branches of government because they did not intend for the Supreme Court to be the prime law-makers of the country.

Both Democrats and Republicans are responsible for this misunderstanding of the Supreme Court's purpose in our government. Both parties have used the Supreme Court to pass the legislation that agrees with their political opinions, and they have not sought Justices for their textualization or precise interpretations of the Constitution. I hope the next time another seat opens for the Supreme Court, which is in the near yet distant future, that President Trump, future Presidents, and the general public will realize that the Supreme Court is supposed to uphold the law, not create it, and will pick a Justice that does so.



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This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
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