Primer: American Judges
The Constitution entrusts the responsibility of interpreting law upon the Supreme Court, and other “inferior” courts created by Congress, such as the Courts of Appeals, District Courts, Court of International Trade, etc., making up the federal court system. Similarly, states maintain their own independent court systems, where only specific cases may be taken for review by the Court of Appeals or SCOTUS.
Supreme Court justices, who serve for life, are appointed by the president and approved by the Senate in order to assume the responsibility of judging the constitutionality of actions or laws. Therefore, interpretation of the Constitution is often dictated by personal bias and belief, offering ideologically variable rulings depending on who is wearing the robe. For example, In 2022, Moore v. Harper, SCOTUS protected against use of the Independent State Legislature Theory, which would allow for aggressive gerrymandering of congressional districts in North Carolina. Contrastingly, in 2010, Citizens United v. The Federal Election Commission permitted unlimited donations to super PACs under the first amendment’s protection of free speech. State supreme court justices are chosen differently state by state. Some states, such as Illinois, utilize an election, while some empower the governor to appoint.
However, the judiciary depends entirely on the executive branch to enforce their decisions, and many presidents have refused to implement their rulings due to personal bias. Andrew Jackson refused to enforce the Worcester v. Georgia decision in 1832 because of his personal objection to the Cherokee Nation’s independence as a political community, and instead forced their migration along the Trail of Tears. On March 15, James Boasberg, a federal judge for the D.C. District Court issued a 14-day hold on President Donald Trump, attempting to temporarily block his deportations of alleged Venezuelan gang members. He ordered that the deportations flights must be turned around and returned to the United States, but the Trump administration refused to comply and the situation has yet to be resolved.
Come join our debate this Monday at 7pm in Scott Hall!
"Scales of Justice Brisbane Supreme Court=" by Sheba_Also 48,000 photos incl private is licensed under CC BY-SA 2.0.