Supreme Court

The Supreme Court of the United States has become a hot topic in politics and media with the death of Justice Ginsburg.

News Analytics has decided not to politicize a death or do an expose on the late Justice. However, it is critical in this moment of contention towards filling a now empty SCOTUS seat that we take a moment to remember what the SCOTUS is meant to do.

Ordered by Article III of the US Constitution, the Supreme Court was to be established as the highest court in the land.  Serving as the third branch of government, it is the ultimate check and balance of the powers that reside in the Executive Office as well as Congress. 

The role of the Supreme Court is defined on their government website as follows:

The Supreme Court plays a very important role in our constitutional system of government. First, as the highest court in the land, it is the court of last resort for those looking for justice. Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and liberties by striking down laws that violate the Constitution. Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities. In essence, it serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, i.e., freedom of speech, freedom of religion, and due process of law.

In other words, the role of the Supreme Court is to review contested law to ensure that it is backed by authority granted by the constitution.  This is imperative as it is common for governments to routinely act outside of their authority.  Our constitution specifically states that any matter specifically addressed within the constitution itself is to be decided by the people and/or states.  This means that any action outside of the confines of specifically articulated areas of the constitution are outside of the federal governments jurisdiction. 

In this same respect, and with this same strict application, the Supreme Court is to rule on matters in the interest of individual liberty.  Serving to ensure that none of the inalienable rights outlined in the Bill of Rights are violated by government over reach.

No where in this definition does the Supreme Court serve to champion change, promote ideology, or create law by de-facto judgements.  In fact, this type of behavior is expressly what the Supreme Court exists to prevent.

For these reasons, it shouldn’t matter who is the president.  Integrity of the Justice is all that matters, because their opinions on matters of interests should be irrelevant. The nominations should be made by the same consideration, then passed through Congress to be vetted and verified. If this process is in any way taken on by partisan agendas then the system of checks and balances is broken.

Clearly, it’s been broken for some time.  We live in a world of Activist Judges who seek to abuse their powers in the very ways they are sworn to protect from.  Furthermore, they appear to do so with impunity, because they are hailed as heroes on either side of the partisan spectrum. 

If you find yourself cheering or booing a Justice for their written opinion, you may want to step back and review how this could affect you when the agenda belongs to your political foe.

By Josh Earwood

Josh has been an activist, citizen journalist, and commentator since 2013. He spent two years as a broadcast journalist, and has written for various groups in various capacities over the years. He has always been vocal, encouraging others to understand what is going on in the world around them.

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