The public’s become used to the political wrangling in congress over Supreme Court nominees in congress. It’s an indication of how politicized the court has become. Maybe it’s time to question—should we get rid of the Supreme Court?
Here’s an interesting look by Isak Tranvik about the Supreme Court and democracy. http://www.startribune.com/how-the-supreme-court-dilutes-democracy/305911741/ He argues that allowing a small elite, un-elected group of lawyers to decide the fate of legislation is not democracy and the will of the public as expressed through their elected representatives. How did we get to this point?
In human history we’ve always needed a detached, independent group to decide disputes: who’s at fault? Who owes the money? Who’s been illegally fired by an employer? We still need this function from our court system. But early in American history, something unusual happened.
I know this sounds ancient, but hang in there with me. In 1803 the Supreme Court decided the case of Marbury vs. Madison. For the first time in the new democracy, the Supreme Court said it had the power to review legislation to determine if it agreed with the Constitution. If the laws didn’t, the Supreme Court also had the power to over turn the new laws.
Where did this power come from? The Supreme Court itself said it came from Article III of the Constitution. In reality, the politically opportunistic chief justice, John Marshall, made it up—but no one challenged him! The principle remained there to create the monster we have today. And we all still accept it.
Tranvik, in his article, uses an example—the Affordable Care Act. (Obamacare) Whether you agree with it or not, the legislation has been worked on, argued about, and finally passed after several years. Thousands of citizens and elected representatives took part in this process. The Supreme Court will make a decision which could kill the entire program. A handful of un-elected, elite lawyers will control the outcome all by themselves.
Is this fair? Is it good for democracy? Is it even democracy?
Next post—Has anyone ever tried to stand-up against the Supreme Court?
