I posted last time about the “undemocratic” nature of the modern Supreme Court and wondered if it’s time we get rid of the Supreme Court.  Isak Tranvik wrote a great story about this at:  http://www.startribune.com/how-the-supreme-court-dilutes-democracy/305911741/

His argument is simple—even after the House of Representatives, the Senate, and the president (all elected) finally decide legislation, a small group of un-elected lawyers on the Supreme court can kill the new law.  Is this good for democracy?  Is it even a form of democracy?

I agree with his concern.  Have there been any times when someone has stood-up to the Supreme Court?  I can think of two.  If you have more examples, let me know!

1.  In 1830 Congress passed the Indian Removal Act to force tribes in the southeast U.S. to move and go west of the Mississippi River.  The Supreme Court heard arguments against the law from the tribes and said the tribes could not be removed.  President Andrew Jackson disagreed and is reported to have said, “Let the Supreme Court get an army and stop me!”  He sent the U.S. army into Georgia and forced the tribes out in a march that became known as the “trail of tears.”

2.  In 1937, President Franklin Roosevelt wanted to add more people to the Supreme Court in hopes they’d rule in favor of his legislation that had been passed by congress.  The president was unsuccessful in his efforts to “pack” the Supreme Court.  He didn’t directly challenge their power to kill laws, but he clearly understood the power and didn’t like it.

Why do American citizens go along with this undemocratic tradition?

1.  We certainly need a final court to settle disputes between citizens.  We accept this role of the Supreme Court.

2.  The power to kill laws has been in place since 1803—time has a way of turning things into concrete.  It’s difficult to change now.

3.  In some things, the country needs a “final decision” in times of great disagreement about big issues.  The Bush vs. Gore dispute arose during the presidential election of 2000 and is a great example.  The vote totals in Florida were in dispute as to which candidate won the most votes in the state.  The presidential election hung in the balance—as the whole country waited for an answer.  The Supreme Court poked its nose into the controversy and made a final decision—George Bush won the state of Florida.  That decided the entire election.

Think about this:  even thought millions of American voters cast their ballots for presidential candidates, a few un-elected elite people on the Supreme court decided the election for us.

Should we get rid of the Supreme Court?