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The American Supreme Court is a well-rounded look at the creation and nature of the Supreme Court. The author, Robert G. McCloskey, starts off with a look at how people felt about the Court when it was created, giving the reader a feel for the time. It continues on to explain the importance of the creation event using specific details. By making the reader feel proud of being a part of such a great system, the reader is drawn into the book and grows anxious to read on. As the reader goes on information is given about what kind of power was intended for the Supreme Court and a debate is formulated about whether the Court is Constitutionally just.
The point is made that the Constitution gives Congress the power to create any court system it feels necessary but the question is asked, does the constitution guarantee the Supreme Courts has final authority. Many of the Forefathers seem to have created the Court in the hope that it would keep the other branches of the government in check according to the Constitution. As the first section goes on, explaining the nature of the Supreme courts power, and telling of the checks and balances that keep the court from gaining more power than is necessary, by only allowing the court to rule on an issue if it is presented in the form of a case. It points out that the power given is that of a courts power as well as something more.
A number of facts are debated, such as whether or not the court should play a large part in directing the states. The overall nature of the courts power is covered and presented in a form, which is at times confusing and roundabout, but always backed up by reasoning and examples that justify the courts power or lack thereof. The next section goes on to tell of how the power of the Court was viewed by the people in the beginning of the courts history and how the court itself did not allow itself a great deal of power. The Court went as far as to turn power that it felt was unconstitutional down.
While the public did not always see a reason for the court, the court itself knew the important role it would play in the future of the country. They knew that it would have to find support in the belief that would stand apart and defended the fundamentals of the country. Pre Marshall justices made many mistakes. They spoke plainly and thus supported a doctrine that hindered the concrete interests of most of the states.
The result of the hindrance was protests that were very strong and created a small loss of the Courts power. Adams appointed John Marshall to Chief Justice as one his last acts of office. For his first few years Marshall tried to get the court on ground solid enough to make decisions and have them upheld. A number of examples are given to demonstrate Marshalls genius and ingenuity.
Examples of how he reasoned his way to decisions that other courts found unconstitutional or could not decide on and how he got his reasoning to stick through use of examples, previous rulings and common sense. It shows how Marshall was able to give the Supreme Court feet to stand on and teeth to bite with in the government system. While the examples do not always present the information in a manner which is easy to understand it does provide all the permanent information and everything is backed up with examples. In 1810 the court finally felt the power to overturn a state law that was unconstitutional, this brough about a new era for the Court. The court was faced with a number of questions pertaining to its judgment ability and finality of its decisions.
Marshall overcame these boundaries and moved the court onward and upward. The Court trade carefully always knowing that Congress could take away the power the court had been building for decades now, any day they felt like it. The men of the court only had their intellects and robes to challenge the power of congress and the government. This seemed a great disadvantage to the justices of the time but in the long run the court could see it had an advantage because it did not have to deal with temporary concerns of the government, instead it could look at the future and the long-term goals. One of the seemingly great disadvantages to the court is its lack of organized parties to call on for guidance. While the court did not have parties to fall back on it did have a number of allies that would back it up with public support.
The backup was one of the greatest strong points of the Marshall reign along with his development and acceptance of doctrines. Taney was put into the court, and after Marshalls death he became Supreme Court Justice. He was dedicated to keeping the use of constitutional doctrines in moderation. Taney felt that states could regulate commerce as long as it did not interfere with federal laws.
This idea scared a number of people, because of the fear of monopoly. Part of this decision was the decision as to whether or not the Supreme Court could allow states to control economic matters. It was greatly debated as to whether or not the ability of states to enforce commerce laws was constitutionally just. IT did not fit neatly into the fairness for all people amendment, causing it to be questioned. The power of taxation was an issue that was difficult to form a rule for that would limit it. The constitution was of little help in this matter.
The 1894 act, which imposed a tax of 2 percent on all incomes above four thousand dollars, started a war between the rich and the poor which still flares up on occasion today. The Court played a vital part in modern affairs of the Republic but it needed new interests and a new set of guides. The nation vs. state problems of the past and the business vs.
government problems were taken from the Court by history. The Court now needed a new role to serve in the government system. The new relationship would be mostly concerned with the individual citizen and the government. The Court wanted more than ever to keep from inhibiting peoples freedom of expression and end racial discrimination. The court stoped its practice of no longer automatically ruling in the favor of businesses and this alarmed ma...
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