The Role of the Court

The Role of the Court

Introduction

While the executive and legislative branches are the most visible aspects of government, the third branch—the judicial branch—is in many ways more important. In many countries, it is the judiciary that rules on whether the actions of the other branches are constitutional and, thus, permissible. Thus, while judicial decision making (JDM) tends to occur in private settings, out of the spotlight, it would be a mistake to conclude that the decisions made by judges are not consequential. The U.S. Supreme Court is the highest judicial body of United States. The U.S. Constitution established the Supreme Court and came into being pursuant to the Judiciary Act of 1789. Comprised of a chief justice and eight associate justices, the Supreme Court is the final arbiter of the federal judiciary. The jurisdiction of the federal courts, and ultimately Article III of the U.S. Constitution establishes the Supreme Court. Article III states that the federal courts shall have jurisdiction in all cases involving constitutional matters; federal laws or treaties; ambassadors, public ministers, or consuls; admiralty cases; controversies to which the United States is a party; matters involving two or more states; and diversity jurisdiction (actions where the parties are citizens of different states).

This paper is intended to reflect the evolution of the Supreme Court from the time of John Marshall through the present. Supreme Court cases that are considered to be the most pivotal in the evolution of the court system will also be discussed in this paper.

Discussion

Judicial decisions have a broad impact on society. A central role has been played by Supreme Court decisions in race relations, personal autonomy, elections, and other issues.

John Marshal: A Revolutionary Chief Justice

The appointment of John Marshall in 1801 changed the Supreme Court irreversibly, making it a significant part of the federal government and an equal to the executive and legislative branches. John Marshall, as a chief justice of Supreme Court, transformed the Court, not just through milestone decisions that offer the basis of our constitutional law but also through the way the opinions were issued by Court. Marshall changed the manner in which the Supreme Court delivered opinions. Before Marshall became chief justice, each justice delivered a separate opinion. Marshall established the practice of delivering a single opinion of the Supreme Court, allowing it to present clear rulings that could be used as precedent by lower courts. The combination of these actions created a social network among lawyers and policy makers that placed the Supreme Court at its center. The Marshall court's decisions regarding the constitutionality of both federal and state laws and actions were significant to all who formed laws, devised policy, or tried cases. The single opinions of the majority of the justices provided guidance to those working on such matters, and the market for published opinions grew rapidly. By the time he died in 1835, Marshall had served as chief justice for 34 years and had irreversibly changed the social network involving the Supreme ...