How does public opinion affect Supreme Court decisions? This is common in many legal and political discussions, leading to many additional questions.
The Supreme Court is the most powerful in the US and has been subject to much controversy due to its decisions.
So, does the Supreme Court use public opinion to make decisions, or is it all about politics and the Constitution?
This article will explore the structure and powers of the Supreme Court to help give you a better understanding of its decision-making process and public interest;
How Does Public Opinion Affect Supreme Court Decisions?
Legally speaking, public opinion does not affect Supreme Court decisions in any way, and it shouldn’t because there are always two sides to public opinion.
The Supreme Court is supposed to operate on evidence and logic without using public opinion to guide its decisions.
There is no constitutional mandate for the Judiciary to make rulings that reflect public opinion, so this isn’t a priority to the Supreme Court.
This contrasts with the President and Congress, who serve based on what the people want, and they change in the periodic elections.
Despite this independence from the people’s will, the Supreme Court has no enforcement power to make people follow its decisions.
So this means it has to maintain its legitimacy in the eyes of the people and the other government branches.
For this reason, the Supreme Court judges are not oblivious to public opinion since they need to maintain a good reputation with the people.
This leaves them having to find some middle ground between getting justice and making judgments that won’t make people lose confidence in them.
In most cases, being fair and following the law is enough for the Supreme Court to maintain its integrity, and there often isn’t much need for more. Chief Justice John Roberts has often expressed concern about the Supreme Court’s public reputation.
There are many cases of the Supreme Court making rulings that most of the public disagreed with, which has led to a drop in confidence in the Court. A good and recent example is the overturning of Roe v. Wade.
Data shows that most people were against the decision, but the Supreme Court still went ahead with it, and it caused the Supreme Court to lose favor with Americans.
Such a decision creates a complex dynamic that makes it hard to know what the Supreme Court’s image will be like in the future.
The Court has to be careful about the cases it takes and its decisions on those cases, as they could cause a lot of damage.
Decisions could lead to riots and demonstrations that might spiral and cause the death of innocent Americans, so public opinion should carry some weight.
A good decision might annoy many people, but it will make even more people happier, which is the point of democracy and justice: serving the many over the few.
The decisions made by the Supreme Court significantly impact society, lawyers, judges, and even leaders. For this reason, the Supreme Court is always under heavy scrutiny to ensure everything is done by the books and justice is achieved.
Understanding The Structure and Jurisdiction of The Supreme Court
Any patriotic American needs to understand how the Supreme Court works to get how it serves them.
The supremCourtrt plays an important role in the constitutional system of Government as established in Article III, Section I of the Constitution.
The Constitution establishes the Supreme Court as the highest Court in the land and gives Congress the power to organize it.
In 1789, Congress enacted this power, creating the system with six Justices for the Supreme Court and the lower federal court system.
Over the years, Congress has used its power to alter the number of judges in the Supreme Court, ranging from 5 to 10 judges. After the Civil War, the number was permanently fixed at nine judges, which is still true.
One Chief Justice and 8 associate justices are in the American Supreme Court. Like all federal judges, the Justices are appointed by the president and confirmed by the Senate, and typically, they hold the position for life.
The justices’ salary can not be reduced while they are in office and this is an important restriction to prevent them from being pushed by other people in the Government.
The Supreme Court’s jurisdiction is established by Article III, section II of the American Constitution.
Jurisdiction refers to the limits of power and legal ability of the Supreme Court to hear a case. The Supreme Court’s jurisdiction can be broken down into two types: original jurisdiction and appellate jurisdiction.
Original jurisdiction refers to the Supreme Court’s authority to hear and make a judgment on a case for the first time before it goes to any other court. The Supreme Court will mostly take high-level cases above the state courts.
They couple solve lawsuits between states or cases that involve individuals who have diplomatic immunity, such as public ministers, ambassadors, or state leaders.
The decision made by the Supreme Court in the original jurisdiction is final since it is the highest Court in the land.
Appellate jurisdiction is the Supreme Court’s power to hear cases from lower courts if there are appeals on the decision. Here, the Supreme Court can hear almost any case that involves federal or constitutional law.
Such cases might involve treaties, ships in the high seas, and others involving the United States. The Supreme Court can refuse to take up cases while exercising appellate jurisdiction.
The 1925 Certiorari Act gives the Supreme Court the discretion to decide whether or not they will take a case that is appealed to them.
The Court uses this freedom since it only hears about 100-150 of more than 7000 cases that file for appeal.
What is The Role Of The Supreme Court?
The Supreme Court has a lot of power, and the Constitution made it that way because it needs that power to implement various roles.
It serves more than federal courts, so you should know about its place and how it affects your daily life;
- Taking Appeals from lower courts
The American court system is designed to help all citizens get fair and just treatment in their courts, and the Supreme Court is at the top of it.
If your case is heard and the judge makes a ruling that you feel is unconstitutional, then you can appeal to a higher court.
The Supreme Court is the highest and most powerful country in the United States of America; therefore, it is the last place to appeal.
The justices in the Court can review the case and have the power to give a hearing that will overturn the previous judge.
It is, however, not easy to get approval for a hearing in the Supreme Court since it is mostly reserved for more high-stake cases.
- Judicial Review
The Judiciary is the arm of the Government responsible for hearing cases about lawbreakers and passing judgment to help keep the peace.
The Supreme Court plays a broad set of roles when it comes to Judicial review by hearing cases and managing the other arms of the Government.
The Supreme Court ensures that the other parts of the Government don’t push the limits of their constitutional power. This helps protect Americans and others with contact with the United States government.
The Supreme Court uses its power to manage the reach of the military, president, senators, and other public figures to ensure they don’t misuse their power.
- Protecting Civil liberties
The Supreme Court has to approve before laws are added or removed in any nation’s legal procedures.
The Supreme Court in the United States uses its power to protect the Constitution and the civil liberties it offers its citizens.
The Supreme Court has the constitutional power to review laws and remove any that it deems to be against the Constitution or the good of the people.
The Constitution protects the Supreme Court, and through it, the Supreme Court protects the people.
- Limits the Government’s Powers
The Supreme Court sets appropriate limits to the power of the Democratic Government. It makes sure that the popular majority cannot pass laws that harm minorities.
They also prevent elites and majorities from creating laws that give them an advantage over minorities. It ensures that the majority’s views don’t trample all Americans’ rights and fundamental values.
By doing this, the Supreme Court protects the freedoms and rights of all the people under its jurisdiction with the due process of law and justice.
Conclusion
You have a better grasp of the American judicial system and a good response to the question, “How does public opinion affect Supreme Court decisions?”
The Supreme Court has to consider the public in making decisions to make sure they maintain their integrity.
The Court doesn’t have enforcement power for its decisions, so it has to be at par with the other arms of the Government and the people to ensure justice prevails.
This is not always the case, and it often leads to demonstrations and riots that destroy private and public property.
