The Supreme Court in the American System of Government

The Supreme Court is the highest court in the USA. The Supreme Court was convoked for the first time in 1790. Since that time, the Supreme Court has tried the most complicated cases and controversies. The President nominates the members of the Supreme Court and the Senate confirms these nominations. Since 1869, there have been nine justices. However, during the years, the quantity of members has varied from five to ten. The role of the Supreme Court is to try the cases that are the most complicated and controversial. “EQUAL JUSTICE UNDER LAW,” is the phrase that is written above the entrance of the Supreme Court. It is evidence that the role of the Supreme Court is to resolve any controversies and complicated cases. Also, the complex role of the Supreme Court is to make void legislation or executive actions, which provoke a conflict with the Constitution. The “judicial review” is a doctrine that allows to change or void legislation of some states or Constitution. It is the right that resolves the most complicated cases. As we know, the Constitution is the main law in the Country and nobody can change it. However, the Supreme Court has this right (The Supreme Court in the American System of Government n.d.).

There are many theories of the constitutional interpretation. However, all of them are brought under one of the several categories. One of them is the theory of originalism. Some people, who believe in it, take the originalism approach. They believe that the Constitution of the United States should be interpreted very close to its original meaning. There should be no exceptions at all. On the other hand, the “living Constitution” is the other approach. People who believe in it say that the Constitution is like a human being that must develop and change of legislation (Jackson 1955).

In my opinion, the theory of “living Constitution” is more effective than the originalism approach. Some cases are very complicated and the Constitution does not protect people totally, that is why it has to be changed. Nevertheless, the judges must be fair and they have no right to change the Constitution because of their own interest.  

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