role of the supreme court

[PaulConventionWV]

So, I'm interested in the role of the supreme court as it's laid out in the constitution. As it is now, it seems that the constitution has too much power. Nine unelected judges that get to decide basically any case that comes to them, and there are very few checks on it.

I was wondering if people here could provide me with some resources to learn more about the supreme court and its role as it was laid out in the Constitution. A couple of specific interests are:

1. jurisdiction of the supreme court
2. checks on the supreme court by the states or within the federal government.

Thank you.

[Grubb556]

The court judges are appointed by the president and need confirmation by the legislature.

It is a bit unorthadox, but states could acquit a person with an appeal to prevent it from going to the Supreme Court (like John Scopes who got acquited).

[Vessol]

The thing I don't get about the Supreme Court is this:

The Supreme Court decides whether or not something is Constitutional or not. It is an arm of the Federal Government. What sense does it make for the Federal Government to decide if something is Constitutional or not?

Lysander Spooner wrote something on this, I'll see if I can find a quote.

[PaulConventionWV]

The thing I don't get about the Supreme Court is this:

The Supreme Court decides whether or not something is Constitutional or not. It is an arm of the Federal Government. What sense does it make for the Federal Government to decide if something is Constitutional or not?

Lysander Spooner wrote something on this, I'll see if I can find a quote.

Exactly.

Now, I know the basics about the supreme court. I've had a lot of American political theory and science classes, but I'm looking for some good sources that can tell me how the supreme court was originally created and what its role was. Was it limited to federal cases before its jurisdiction was expanded?

[fisharmor]

I think the most important thing to realize about SCOTUS is that it is one of the several things that got totally broken with the passage of the 17th Amendment.
SCOTUS appointments aren't subject to approval by the legislature, they are subject to approval by the senate.
The senate is supposed to be appointed by state legislatures. Since senators started getting voted in by popular vote, they no longer represent the states at all, and therefore SCOTUS isn't controlled by the states, either.

[Pericles]

I think the most important thing to realize about SCOTUS is that it is one of the several things that got totally broken with the passage of the 17th Amendment.
SCOTUS appointments aren't subject to approval by the legislature, they are subject to approval by the senate.
The senate is supposed to be appointed by state legislatures. Since senators started getting voted in by popular vote, they no longer represent the states at all, and therefore SCOTUS isn't controlled by the states, either.

Answer to the OP's question.

[PaulConventionWV]

Answer to the OP's question.

Very interesting. Any good websites you guys have that gives more info?

[Paul4Prez]

Article 3, Section 1:


The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.


Article 3, Section 2:


The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State,--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Seems like they've stretched it way beyond what was intended, into a body that decides if the laws Congress passes and the President signs are okay by them, with the power to change the clear meaning of the text of the Constitution itself.

Notice that in the original text, "supreme Court" doesn't have the "supreme" part capitalized.