The Supreme Court and Supreme Court Justices

Diane DeFusco DeFusco 1

Professor Bannon

Government 101

30 November 2012

Supreme Court

1. Established in 1789, the justices of the Supreme Court have been assigned with judicial power. This power has allowed members to decide whether or not cases, or situations follow the lines of the Constitution or not. Supreme Court justices have decided cases on both personal views, as well as their interpretation of the Constitution.

Supreme Court justices should decide cases more so on the basis of their reading of the Constitution, than of personal opinions. The Constitution was created to be the back bone of the judicial system, a set of "rules" that the United States Should live by. The Supreme Court justices have a duty to abide by the Constitution, not to decide cases on personal agendas or Biases.

Because the Supreme Court Justices are elected once, and do not need to be reelected again, they could practically get away with murder. Once a Supreme Court justice is elected by the United States president, they will have the position until death, or retirement. This can lead to a frightening situation, where the Supreme Court has more power than expected. As members they can interpret the Constitution any way they like.

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In "The Nine" by Jeffrey Tobin, the case Bush v. Palm Beach County Canvassing Board involved the Supreme Court justices involving themselves in a case where they should not have been involved with. "The conservatives, especially Scalia, were outraged that the Florida

Supreme Court seemed to be rewriting the state election code"(Toobin 180) While some of the justices "appeared to be freelancing"(Toobin 180) The liberal justices insisted they fulfilling their duties within the court.

Article one, Section eight contains the powers given to Congress. Within these powers Congress is granted powers within foreign policy. Congress has the ability to borrow money from other nations, along with managing trades between international states. As part of the Legislative branch, Congress may punish violators of laws between nations.

Regarding national security, Congress has the power to create laws that apply throughout the United States. Congress may also establish local court systems below the Supreme Court.

To create national safety Legislative Military Policy, grants Congress the power to declare war, establish an army, navy, and National Guard whenever needed.

Article two, Section two assigns the President of the United States as the Commander in Chief of the Army and Navy as well as the militia of multiple states whenever needed. In regards to foreign policy, the President has the ability to create treaties, along side the Senate. The President has the power to grant pardons amongst criminals. He may appoint a temporary fill if an empty seat in the Senate comes up, and can elect ambassadors, judges, and other officials.

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As President, military, Diplomatic, and Legislative Powers are granted. Although the powers of the President have increased in recent years, the checks and balances of the United States system throughout the government has prevented the President to become excessively

powerful. Since World War II, the President has had an increase of power regarding national security, but the number of people of whom surround the executive branch, has increased with it.

In one event President Obama's overstepping in Libya displayed a potential flaw, of which allows the President of the United States to attack a foreign country too easily.

President Obama failed to request Congressional approval for military action in Libya. After obeying the War Powers Act and notifying Congress, President Obama was granted a maximum of 60 days, to terminate the action. Ninety days of bombing later, President Obama began to catch the attention of more people, as they realized the war in Libya did not follow the Constitution. "His White House counsel, Robert F. Bauer, has declared that, despite the War Powers Act, the president can continue the Libya campaign indefinitely without legislative support. This conclusion lacks a solid legal foundation. And by adopting it, the White House has shattered the traditional legal process the executive branch has developed to sustain the rule of law over the past 75 years (Ackerman)."

3. In the Supreme Court case Jones vs. Smith discussed in class, I ruled in favor of Gay marriage. Under both the Equal Protection and Due Process clauses of the fourteenth amendment, I elected in Jone's favor. The Equal Protection Clause in the Fourteenth Amendment

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dictates, "that states must apply the law equally and cannot discriminate against people or groups of people arbitrarily. It does not mean that all people have to be treated the same way--states can require vision tests to receive a driver's license, for example, but they cannot ban people from driving because of their race"("Fourteenth Amendment"). Because of a different Sexual

Orientation, Homosexuals should have extra protection from