Is the Supreme Court Necessary for American Democracy?

American Democracy is a unique form of Democracy that has allowed our nation to progress rapidly. There are three branches of American government, the executive, legislative, and the judicial. However, the judicial branch, specifically the Supreme Court, often escapes the spotlight of modern media. Does this mean that the Supreme Court is not a necessity to American Democracy? The answer is no.
The most recent significant media coverage of a Supreme Court proceeding was the ruling on the Muslim ban. Before that, it was the passing of the Affordable Care Act. Many people were outraged due to the Supreme Court’s input to make the ACA a tax, making the original unconstitutional plan, constitutional. Despite the Supreme Court’s blunders in the 19th and 20th centuries, the court appears to have taken a stance of protecting the rights individuals. This stance is necessary to maintaining American democracy. With a government as large and complex as ours, it is necessary to have a body that keeps law makers from passing oppressive legislation. According to a New York Times article, without judicial protection for political rights, “political incumbents could even use their powers to insulate themselves against future electoral competition – as has happened in some other countries that lack strong judicial review.” This would mean a total collapse of the American democratic system.
Arguably, the framers implemented the Supreme Court to protect the rights of the people and states. They knew that public opinion alone was not enough to stop tyranny from taking root in a newly formed government. Therefore, the Supreme Court was established. Despite egregious errors, the Supreme Court is a necessary part of American Democracy. Without it, the government would be free to implement policies that oppressed the rights of minorities or any group that disagreed with mainstream policy. The framer’s implementation of the Supreme Court as a check on the other branches of government was a genius policy decision that has allowed our nation to progress rapidly in matters of rights for minorities and the individual.

Articles:
https://www.nytimes.com/roomfordebate/2015/07/06/is-the-supreme-court-too-powerful
https://www.heritage.org/crime-and-justice/commentary/has-the-supreme-court-become-too-powerful

5 Responses to "Is the Supreme Court Necessary for American Democracy?"

Paige Jordan says:

April 23, 2018 at 2:25 pm

Austin, thank you for your post. Indeed, the Supreme Court is a necessity for our democracy, as well as in maintaining the ideals upheld by the United States. The Supreme Court’s power of judicial review serves to ensure our system of checks and balances is indeed carried out. There is no doubt that the Supreme Court is a staple to our complex political system, as it generally deals with cases found to violate our constitutional rights. The New York Times article in which you have references raises questions regarding the power of the Court, particularly judicial review. While the framers of the Constitution did not mention judicial review, there has been long-standing debate whether or not they would have intended for this power. Perhaps major change would be more effective if instead it is accomplished legislatively. In an article within the Washington Post during the Obama administration, it is revealed some Justices push back on whether or not judicial review is necessary. However, judicial review has nonetheless been a major component of our history, and whether or not we agree with it, we must consider its effect on our democracy.

https://www.washingtonpost.com/politics/courts_law/justices-push-back-on-whether-judicial-review-is-needed/2015/01/13/65aa84bc-9b5f-11e4-a7ee-526210d665b4_story.html?utm_term=.468a3925cda2
Jacob Weis says:

April 25, 2018 at 11:22 am

Austin,

Great post, I thought that you raised some interesting points. I believe that the supreme court is indeed necessary for american democracy. The supreme court has the power to declare laws unconstitutional and judicial review is very useful in keeping democracy under control. As you mention above, failure to implement judicial review can result in a weak government that could collapse at any moment. Supreme court is a necessity.
James Hulbert says:

April 25, 2018 at 2:35 pm

Austin,

Thank you for your post. I agree with your stance, the Supreme Court in definitely necessary to preserving America’s democracy. Alexander Hamilton perfectly stated that there is no other way for the constitutional freedoms that Americans are guaranteed to be preserved than “through the medium of the courts of justice.” However, there is so much gray area because the Constitution has parts that are up for interpretation. With this, an important thing to consider is the ideological leanings of the U.S. Supreme Court Justices themselves. Supreme Court Justices are Americans, and with that, have party identifications. Justices are appointed by Presidents who select candidates based on their own party alignment. All U.S. Justices have extremely impressive backgrounds where they have attended elite universities and graduated from top law schools. However, it is impossible to remove a personal bias and that is what makes the interpretation of the constitution so interesting among the Supreme Court.
Joanna Briand says:

April 25, 2018 at 2:39 pm

Austin,

I would agree that the Supreme Court is absolutely necessary for our government to run efficiently in order for our democracy to succeed. Not only do Supreme Court decisions affect our country as a whole, I think it’s important to highlight the effect it has on our individual lives as citizens of this country. While its duty is to interpret laws through the Constitution, this can take many forms. Matters such as gay marriage, public school segregation, and basic Miranda rights have all been decided upon in Supreme Court cases. Without an institution set in place to make the ultimate decision concerning these matters, our democracy and each of our daily lives spent in the United States would look entirely different.
Madeleine Stone says:

April 26, 2018 at 10:34 pm

Hi Austin,

Thank you for your post. I was intrigued by the discussion you pose as to whether or not the Supreme Court is a necessity to American Democracy. The obvious answer is that the Supreme Court is very much a necessity to American Democracy, but the issue raised about how it escapes the spotlight of modern media is very true. But I think this also could have to do with the aspect of a divided government in power, and or a deadlock happening on the bench where a decision can not be made. As we saw with the recent passing on Judge Scalia, many important cases did not reach a decision and were held on the bench for a long period of time- now we have a full bench so the cases should be brought up again to try and reach a decision. I completely agree with you that without the Supreme Court the government would implement policies that could limit peoples democratic rights. The framers implemented the Supreme Court in their system of checks of balances to make sure that this does not happen.

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