Who’s to Judge

Who’s to Judge?

There are many coveted freedoms that we enjoy here in the United States. Hundreds of thousands have flocked to the United States during its history of 229 years with hope of gaining freedom and a better life protected by their government. Some of these freedoms include but are not limited to, speech, religious practice, right to bear arms, and right to vote. The Constitution of the United States guarantees American citizens these rights. They cannot be taken away, or can they?

The needs of Americans are changing and so are their political views. There are certain issues that we face today that are unlike those of any other generation of Americans. Should gay marriage be legal? What are the environmental impacts of the increasing use of crude oil and should America dig into and rely on its own resources? Genetic discrimination in health care or the enforcement of capital punishment are other questions the nation faces. These issues do not just go away or are forgotten about. Somebody decides what “policy” should define issues like these. These people are known as Supreme Court Justices.

The Supreme Court is the third component that makes up the U.S. government. The Executive branch, President, and the Legislative branch, Congress, are the other two. The Supreme Court is made up of nine individuals whose careers are specific to the legal profession. Unlike the other two branches of government who are elected by the people, Supreme Court justices are appointed by the president including the chief justice. The chief justices’ responsibilities are the same as the others except

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sitting as chair during hearings, presiding over impeachment hearings, and administering the Oath of Office to the president (wikipedia). The remaining eight justices are known as associate justices. However, the president cannot seat anyone he chooses. The appointee must then be approved by the Senate before he or she can take a seat in the Supreme Court. Once appointed as a justice, the only way to leave the Court is by retiring, impeachment, or death. In other words, there is no term limit for a Supreme Court justice. Appointees are usually selected from the Appellate Court, which lies just below the authority of the Supreme Court.

The Supreme Court is unlike other courts typically portrayed. It is not a trial court. If a case is presented to the Supreme Court, the justices first vote on whether or not to review the case. Four votes in favor rules that the Court must review the presented case. They will then review documents and testimony according to the legal rules set forth contrasting with the Constitutionality of the judgment(s). There is no new trial. The Supreme Courts’ decision is final. It cannot be refuted unless the law pertaining to the judgment changes in the future (United States).

In many instances the Supreme Court must make a decision based solely on their interpretation of the Constitution. For instance, abortion used to be illegal. In the 1973 case Roe vs. Wade, the Supreme Court issued the right to privacy judgment legalizing abortion which has changed the issue until this day. Another such case was Miranda vs. Arizona. Ernesto Miranda had confessed to rape and murder without knowing his rights. The conviction was overturned due to the fifth and sixth amendments stating that a person has the right not to implicate themselves and the right to an attorney.

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Had Miranda been read these rights, he would have sought legal council and not confessed. Because of this ruling, police officers are required by law to read “Miranda” rights to any arrested individual (Kutler).

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