Supreme Court

   Though I lived in Washington, DC and took a class all about Constitutional Law and its relationship with the Court, I realized there was a lot I didn't know as well as took for granted. I never would have guessed that there was a time where the Supreme Court was not respected as a branch of government by the American people. This mini-documentary did an excellent job at framing the history and function of the Supreme Court as a story of gaining the people's trust. 

    Ironically, the "Supreme" Court had no power or authority as a fellow branch of government until John Marshall's tenure as chief Justice. The real beginning of the Supreme Court's journey to become a powerful equal to its Legislative and Executive counterparts can be traced back to the Marbury v. Madison case in 1803. In delivering the Court's opinion, Marshall established the principle of judicial review, which is the power of the Court to declare a law unconstitutional. He envisioned the Court's role as expounding on the Constitution, making the Constitution a crucial tool in constructing this nation. This was the start of the Supreme Court's story of gaining not only the people's trust, but also their respect.

    The next big junction in the Court's journey was the Dred Scott v. Sandford case in 1857 in which a Missouri slave claimed his freedom under a Congressional act, but the Court ruled that Congress didn't have the power to ban slavery and that African Americans could never gain citizenship. This decision was a major setback on the Court's journey of gaining the people's trust and the issue of slavery was only solved through the Civil War that spanned nearly the next decade. 

    Following the Civil War, the 14th Amendment was added to the Constitution, sometimes considered the "Second Bill of Rights" as it was meant to protect the people from abuse of State power. This Amendment greatly widened the Court's range of judicial power, allowing it to judge and strike down many more laws as constitutional or unconstitutional, as it now had the ability to review State congressional acts. 

    The Court also has many policies and practices in place to secure the people's trust. There are no inside stories or secrets in the Court, as they lay out everything in their opinion. They also are not a group of activists that decide to deliver an opinion on whatever they feel like whenever they feel like it. They are only allowed to give their thoughts on issues that are essential parts of cases that have to make it past all sorts of District Courts and Appellate Courts. And even after that arduous journey, the Court only accepts one hundred cases out of the thousands that it receives! The Court also delivers its opinions to media outlets almost immediately, not keeping anything hidden.

    The Court functions on an unspoken agreement. When the Court says something, the people listen and follow. And in turn, the people believe in the good faith of the Court and the idea that they truly are trying to interpret the Constitution as it was meant to be. The documentary ends off on an amazing quote that perfectly sums up the story of the Supreme Court. "The power of the Court is trust earned. The Trust of the American people."