Essay On Supreme Justice

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The structural layout and functions of the Supreme Court are some of the most unique aspects to any court system. Of these, the tenure of a Supreme justice in the court is perhaps the most distinctive. Supreme justices once appointed, serve a tenure term for life or until retirement that would make any professional envious. This privilege serves many purposes, both bad and good that are essential to a justice’s ability to interpret the law of the constitution without conviction. Much has been debated on the need for Supreme Court justice’s tenure to be limited. Opponents raise viable objections towards the status quo, stating that letting a justice serve for seventy plus years can cloud the judgement of a justice’s opinion to the evolving social…show more content…
Often in many lower courts, the power of politics exceeds too many areas of the justice system. Judges who are politically supported and appointed by such influences may be removed or not reelected due to court decisions they make. So in turn the appointment of life in the Supreme Court ceases any political or outside repercussion of a decision’s to cease. Thus the judge is now only bound to the law and the constitution, hence judicial independence. Other aspects to appointment such as salary are also notable points on if influence is affected. However with salary for life, at roughly $240k for associate justice and $250k for Chief Justice, even with a reduction or increase of salary, influence would be null. Even so Article III also states a clause that a federal judge’s salary may not be subjected to a reduction, for the sole purpose of influences not enticing or threating their lively hood (United…show more content…
In fact, the Supreme Court system is considered a de facto lawmaker. The legal foundation that has enabled the Court to decide what legislation is constitutional or not is what makes it a de facto (Harr, J. S., Hess, K. M., Orthmann, C. M. H., & Kingsbury, J. 2015). The precedent case that address this function was Marbury v. Madison (1803), in which gave the court the power void and nullify any legislation congress passes that violates the constitution, also later including the states in Martin vs Hunter’s Lesse (1816) (Harr, J. S., Hess, K. M., Orthmann, C. M. H., & Kingsbury, J .2015).This has been seen in many instances where congress and states have passed legislation that impedes constitutional rights. Cases such as Roe v Wade (1973), in which denial of abortion under state law violates a constitutional right of free choice, or United States v. Windsor(2013) in which the congressional federal act of 1996 Defense of Marriage Act that allows refusal to marriages of same sex marriage, was deemed unconstitutional by the Supreme Court are such examples. ( Harr, J. S., Hess, K. M., Orthmann, C. M. H., & Kingsbury, J .2015). These cases illustrates the method of de facto lawmaking in which the Supreme Court looks at the components of law to deem where they violate the constitution or

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