Day 67: Supreme Court as Guardian of Democracy’s Fragile Balance

Click on this image to hear the podcast

The Supreme Court is one of the three branches of the United States government, standing alongside the Executive Branch (led by the President) and the Legislative Branch (made up of Congress). Each branch has a unique job.

The Supreme Court’s main job is to interpret the laws of the land, ensuring they follow the Constitution. This responsibility makes the Court a crucial part of American democracy, helping to maintain a balance of power between the government and the people.

Our forefathers believed a fair and just legal system was essential for a strong democracy. They wanted to ensure that no one government branch would become too powerful. The Supreme Court was created to serve as the final authority on legal disputes, especially those involving the Constitution. By having this Court, they hoped to protect the rights of all Americans.

The Court is made up of nine justices, including one Chief Justice. The Chief Justice uniquely leads the Court, guides discussions, and often writes the “big” decisions. All justices work together to interpret the law, making decisions that affect the entire country. They serve for life, meaning they stay on the Court until they choose to retire, pass away, or are removed under rare circumstances. This lifetime appointment helps them make decisions without worrying about losing their job for political reasons.

1789 and The Birth of the Supreme Court

In 1789, Congress passed the Judiciary Act, which officially created the Supreme Court. At that time, the Court had one Chief Justice and five Associate Justices. They first met in New York City on February 1, 1790. However, the early years were not easy. The justices spent much time organizing and figuring out their role in the new government. They also faced challenges asserting their authority, as many were still unsure about the Court’s power.

One of the most challenging tasks for the early justices was the “riding circuit.” This meant they had to travel to different parts of the country to hear cases, which was exhausting and dangerous at the time. Roads were rough, and travel could take weeks. Because of these difficulties, some justices, like John Jay, the first Chief Justice, resigned from the Court. Jay refused to return when he was asked again in 1800.

1801 Brings the Marshall Court and Judicial Review

The Supreme Court began to find its footing with the appointment of John Marshall as Chief Justice in 1801. Marshall played a key role in establishing the Court’s authority.

In 1803, Marbury v. Madison became one of the most important in the Court’s history. This case established the principle of judicial review, meaning the Supreme Court can declare laws unconstitutional. This was a big deal because it gave the Court a crucial role in checking the powers of the other branches of government.

Under Marshall’s leadership, the Court also helped define the relationship between the federal government and the states. In cases like McCulloch v. Maryland (1819), the Court ruled that federal law is stronger than state law. Another case, Gibbons v. Ogden (1824), reinforced the idea that the federal government controls interstate commerce (trade between states). These decisions helped strengthen the federal government’s power.

As America Grows, the Court Expands to Ensure Laws are Protected

As the United States expanded and encountered new challenges, the Supreme Court was crucial in addressing the nation’s most pressing issues.

During the Civil War and Reconstruction, the Court faced significant cases related to slavery and civil rights. One of the most infamous decisions was Dred Scott v. Sandford (1857), where the Court ruled that African Americans could not be citizens. This decision is widely regarded as one of the worst in the Court’s history due to its support of slavery and its role in exacerbating tensions leading up to the Civil War.

However, the post-Civil War era also saw the Court protecting civil liberties. In Ex parte Milligan (1866), the Court ruled that civilians could not be tried in military courts when civil courts were available, reinforcing the importance of civil justice even during times of national crisis.

The 20th century brought new economic challenges, particularly during the Great Depression. To address the economic turmoil, President Franklin D. Roosevelt introduced the New Deal, a series of programs and reforms aimed at revitalizing the economy and providing relief to Americans. However, the Supreme Court, dominated by conservative justices, was initially resistant to these expansive federal powers. Several key pieces of New Deal legislation were struck down:

  • Schechter Poultry Corp. v. United States (1935): This case involved the National Industrial Recovery Act (NIRA), a key element of the New Deal that allowed the President to regulate industry to stabilize prices and stimulate recovery. The Court ruled that the NIRA was an unconstitutional delegation of legislative power to the executive branch, effectively striking down the act.
  • United States v. Butler (1936): The Court declared the Agricultural Adjustment Act (AAA) unconstitutional in this case. The AAA aimed to raise agricultural prices by reducing crop production, funded by taxes on processors. The Court ruled that this use of federal spending exceeded constitutional limits, further complicating Roosevelt’s efforts to stabilize the economy.

These decisions led to a significant conflict between the Supreme Court and President Roosevelt, who felt the Court obstructed necessary reforms. In response, Roosevelt proposed the “court-packing plan” in 1937, which aimed to add more justices to the Supreme Court who would favor his policies. Though the plan was controversial and ultimately failed, it underscored Roosevelt’s frustration with the Court’s resistance.

As the composition of the Court gradually changed, its stance softened, leading to key rulings that supported New Deal programs:

  • West Coast Hotel Co. v. Parrish (1937): This case marked a turning point when the Court upheld Washington State’s minimum wage law for women, reversing earlier rulings against such regulations. This decision, known as “the switch in time that saved nine,” indicated the Court’s growing acceptance of government regulation in the economy, particularly concerning labor rights.
  • NLRB v. Jones & Laughlin Steel Corp. (1937): In this landmark decision, the Court upheld the National Labor Relations Act (NLRA), which protected workers’ rights to unionize and bargain collectively. The Court ruled that labor relations could affect interstate commerce and fall under federal regulation. This decision was a significant victory for the New Deal and solidified the federal government’s role in managing economic and labor issues.

These cases illustrate the Supreme Court’s evolving role during this critical period. Initially resistant to Roosevelt’s reforms, the Court eventually supported key aspects of the New Deal, allowing the federal government to take a more active role in addressing the nation’s economic challenges.

The Supreme Court Enters the 21st Century (Kinda)

The Supreme Court has continued to evolve, especially during social change. In the 1950s and 1960s, the Court played a significant role in advancing civil rights. One of the most famous cases during this time was Brown v. Board of Education (1954), which declared racial segregation in public schools unconstitutional. This decision was a significant victory for the Civil Rights Movement and helped pave the way for further progress in equality and justice.

More recently, the Court has faced new challenges brought about by changes in technology and society. For example, in Riley v. California (2014), the Court ruled that police need a warrant to search someone’s cell phone, recognizing the importance of digital privacy in an increasingly connected world. In Obergefell v. Hodges (2015), the Court made another landmark decision by legalizing same-sex marriage nationwide, reflecting society’s evolving attitudes towards LGBTQIA+ rights.

However, as the Court steps further into the 21st century, it is not just legal challenges that loom on the horizon. There are growing concerns about the integrity and transparency of the Court itself. With increasing scrutiny of the actions and associations of some justices, questions about ethics and impartiality are beginning to surface. As the Court continues to make decisions that shape the fabric of American society, whispers of potential conflicts of interest and the influence of powerful outside forces suggest that the future may hold not just legal battles but battles over the very soul of the institution itself.

The Supreme Court is Essential for a Democracy

Understanding the Supreme Court’s history is crucial for grasping how its decisions impact our lives today. The Court has evolved from a small, uncertain body into one of the most powerful institutions in the United States, playing a key role in maintaining the balance of power within the federal government. As the ultimate interpreter of the Constitution, the Court protects the rights and freedoms that define American democracy.

However, as the Court continues to navigate the complexities of modern society, it faces legal challenges and growing concerns about its integrity and transparency. The decisions made within its chambers affect millions of lives, and the public’s trust in the Court’s impartiality is essential for its continued legitimacy. By learning about the Court’s journey—from its foundational struggles to its current position—we can better understand its vital importance and recognize the stakes involved as it continues to shape the future of our nation. As the Court moves forward, it will be more important than ever to ensure that it remains a fair and just guardian of democracy.


Discover more from

Subscribe to get the latest posts sent to your email.


Leave a Reply

Your email address will not be published. Required fields are marked *