A major factor in the success of the United States and its economic freedom (among other freedoms) is the honesty and relative strictness of its judiciary, both federal and State. The honesty of contracts at every level, including the contract between the American people and the federal government: the Constitution, relies increasingly upon the Supreme Court, the final arbiter.
Article III details the legal circumstances that require original jurisdiction of the Supreme Court, which means that the supreme court is the first, and only Court, that can hear those cases and rule upon the issues in conflict. In all other cases – and there are hundreds – the Court must agree to accept an appeal from litigants who not only aren’t satisfied with the decision made, but who also believe there is a Constitutional issue involved in their conflicting claims. At least four Justices must agree to accept a case, and one of them is likely to write an opinion, if not THE opinion that will form the Court’s ruling. It takes time. When the majority opinion is delivered there usually is a dissenting opinion. Lawyers everywhere study both. Crucial interpretations of Constitutional issues will form arguments in other cases. Sometimes the issues raised in the dissenting, or minority opinion, will be refined to bolster other cases. The written words of the Supreme Court are critical to our success as a nation.
The Congress is given the power to establish inferior federal courts and charge them with certain authorities over types of crime or types of conflicts. There are courts for immigration matters, for example, or for tax issues, and several others. The country is divided into 12 “Circuits” and Justices often visit those Circuits. See https://www.uscourts.gov/about-federal-courts/court-role-and-structure for a comprehensive view of federal court structure.
Leftism consistently challenges our Constitutional Republic. Socialism / Communism is inherently counter to the structure of morality and individual responsibility that is embodied in the Constitution. Freedom includes the freedom to fail, to try again and to make choices about how to advance in life. Forces of the left consistently attempt to tie individuals to government rules and regulations. This can be seen in attacks on religion and in unionized “public” education, itself. Little by little, leftist philosophies, even direct Marxism, like “minimum wage” laws, constantly distort our economy and increase dependence on government. These stresses generate social-issue conflicts that threaten domestic tranquility and even personal safety. This places immense public, if not mob pressure, on the Court and on individual Justices. Starting with Judge Robert Bork in 1987, the left – personified by Senator Ted Kennedy, an avowed socialist – has attacked and refused to compromise with “conservatism” in any form.
Leftist, or “Progressive” policies, inherently are on the attack against the premises and ideas expressed in the Constitution. The Supreme Court was and is charged with primary defense of the ideas underpinning the Constitution. Judge Bork represented a shift away from leftist activism on the Supreme Court. The retiring Justice, Lewis Powell had often been the swing vote on issues like abortion, tilting the Court to the left. Bork was a strict constructionist, unswayed by social pressures. To leftists like Kennedy, that threat of a shift away from the attack on original intent, was a threat so serious that the destruction of the reputation of an esteemed legal scholar like Bork, was well worth the effort. The attacks continue, as evidenced by the violent reaction to the reversal of Roe versus Wade in the “Dobbs” decision in 2022.
Among our “Unalienable rights” listed in the Declaration of Independence are “Life, Liberty and the Pursuit of Happiness.” Within them has developed a severe conflict, mainly due to the equality of status that women have acquired since the beginning of the United States. “Liberty” and “Happiness” both depend upon freedom of action by individuals. Pregnancy, uniquely, with its 9-month period of physical commitment and subsequent lifetime obligations, can interfere, unquestionably, with happiness and liberty of the pregnant woman. So far, we have not found a balance between the rights of the mother/parent, and those of the baby growing inside her.
Does the right to LIFE take precedence? Many think so. Do the rights of the mother take precedence? Many believe this is so. Mainly non-religious, non-Christian or anti-Christian persons, are pleased to take dominion over natural life, and grant women the absolute right to abort their child. Religious people tend to support the rights of the new life to be born and to thrive after birth. They are “pro-life.” Abortion absolutists have done their best to pervert the meaning of conception and of what a fetus actually is: a human baby, growing. Inevitably, this conflict landed in the Supreme Court. Sadly, Roe versus Wade resulted in more than 60 Million Americans being aborted, most of whom were growing inside women of color. It is a number that should give Anti-life believers some pause.
The Supreme Court makes mistakes. The “Dred Scott” decision is recognized as the worst of them, as Chief Justice Roger Taney attempted to undo several state and federal laws governing the status of slaves and even of any free negro citizen. Taney went so far as to declare the Missouri Compromise un-Constitutional and to state that the concept of “free soil” and freedom of slaves who resided there, was constitutionally unenforceable and need not be recognized by other territories or states. The decision helped to push the South to secession and proved to be recognized in its disregard among free states and territories. The 13th amendment made Taney’s decisions moot.
Another simpler, but still egregious decision was the “Kelo” decision: a 7-year battle over the “taking” of private property for public use, that was decided – many feel, wrongly – in 2005. The city of New London, Connecticut, decided that development of land next to a new Pfizer plant, would increase tax receipts to the city, and therefore qualified as a public good. Unfortunately, Suzette Kelo and her neighbors lived on that land, many on long-time homesteads, in perfectly acceptable, non-condemned homes. The city turned the land over to a new, semi-private development Commission along with the power of “eminent domain,” with which the Commission forced homeowners to sell their real estate. Tragically, The Supreme Court interpreted the “taking” clause in the 5th Amendment to include not only the clearly stated “public use,” like a school or water treatment plant, but for an amorphous “expected benefit” for the public, such as increased tax revenues might provide. In other words, amazingly, “public use” was interpreted to include “private use” if it raised more taxes than current landowners provided. Several States have amended their own laws to prevent exactly the premise of the Kelo decision.
The American public is right to challenge the Supreme Court and, through the Senate, to carefully examine the beliefs of nominees to the Supreme Court. As political conflicts, largely fomented by the Left, become more heated and hateful, the ability of Justices to ignore such matters becomes ever more difficult. It is more crucial than ever that the strength and intention of the Court must be to preserve the originating ideas and ideals of the Constitution, resisting all attempts, regardless of political heat, to drift, stumble or run-away from them.