The Institution of the US Supreme Court Essay

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The Supreme Court has played a vital role in shaping the effective type of democracy that ensures prosperity and freedom in the US. The institution was designed as a check on the power of the legislative and the executive branches of the federal government. Nevertheless, it has currently been altered, and some of the Court’s decisions clearly reflect some type of bias or political/ideological preferences. Moreover, the makeup of the court is increasingly more dependent on other political parties. Thus, the original idea behind such an important institution is undermined, as it gradually becomes more of a supplement to other decision-making processes.

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The late ideological shift that took place in the Court in the late 20th century resulted in an advantage which the conservatives have when it comes to crucial decisions that shape the nation’s future due to the way the justices are nominated. What is more, the justices are appointed for life, and there are only 9 of them. These people tend to become more conservative while the nation changes rapidly. Often a miracle is needed for a conservative to side with liberal colleagues in order to improve the fates of millions of Americans. On the other hand, it is impossible to imagine any other institution that could mitigate large-scale controversies. When there is a dispute between various states, for instance, only the Supreme Court has the authority to draw up a decision. McCloskey and Levinson (2016) state that it is impossible to have a functioning democracy without the immense power that the Supreme Court has over some processes. Moreover, many people are afraid that altering the way justices are nominated may as well further undermine the Supreme Court’s functioning.

The issue relates to my field, as there is a number of issues that are to be directed to the Supreme Court. The situation with public health care in the US is worrying, and at some point, people will definitely seek to provide a fairer solution. If conservatives continue to control the Supreme Court, America does not face significant improvements in this increasingly important sphere of life in the near future.

The right of Americans to gather and discuss or show support for an idea or a movement is protected by the First Amendment of the US Constitution. Nevertheless, there is one major stipulation that has historically allowed the authorities to disperse gatherings for political reasons. People involved in a protest movement have to express their ideas freely. Once they begin to pose a threat to other citizens and their property, the police have the right to act immediately. The right has been instrumental in shaping multiple civil rights movements in the US. Nevertheless, some people believe that the protests, in fact, often result in violence and have nothing to do even with civil disobedience resisting unjust laws.

However, in most cases, the major problem with recent protests lies in the militarization of the police. Numerous policies have gradually transformed the police into a military unit in its own right. The right to acquire arms and military machines directly from the military leads to a certain type of actions that the police take and biased perception of the police in general. The issue is relevant to my field, as the right to freely discuss numerous issues in the health care system will soon become central to the improvement of the social welfare system as a whole. Clashes with the police and brutality which both sides tend to show during the protests disrupt increasingly important democratic processes meant to enhance health care.

Reference

McCloskey, R. G., & Levinson, S. (2016). The American Supreme Court (6th ed.). University of Chicago Press.

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IvyPanda. 2022. "The Institution of the US Supreme Court." September 7, 2022. https://ivypanda.com/essays/the-institution-of-the-us-supreme-court/.

1. IvyPanda. "The Institution of the US Supreme Court." September 7, 2022. https://ivypanda.com/essays/the-institution-of-the-us-supreme-court/.


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