Monday, December 12, 2022

The Supreme Court – Blog Post 2

 

The Supreme Court – Blog Post 2

The idea that only 116 Justices have served on the Supreme Court since it was established in 1789 is quite incredible.  So many things have transpired in this country historically and our Supreme Court has prevailed through it all.

Article Three of the United States Constitution established the creation of the Supreme Court in 1789.  The first assemblance of the Supreme Court was to be held on February 1, 1790, in New York City.  However, transportation was not as we know it today, and some of the justices weren’t able to make the journey.  The meeting convened the following day.  From there going forward, the United States of America had a judicial system like no other in the world.  It remains that way up till this day.

In its first term, the Supreme Court did not hear any cases.  The following year, they handed down their first decision on August 3, 1791.  The matter was West vs. Barnes, which was a small financial matter that would later pale in comparison with what the Supreme Court would be exposed to in years to come.

In 1801 the Federal Government moved to Washington, D.C.  John Marshall, who hailed from Virginia, was a young lawyer, who became Secretary of State, was named Chief Justice of the Supreme Court.  Under his command the Supreme Court had asserted for the first time, a striking down of an act of Congress.  When I read this, I was surprised by the parties involved in this case and pursued reading more about this. 




At the very end of President John Adams term, he and Congress created new courts and appointed dozens of judges, including William Marbury as justice of the peace in Washington DC.  However, James Madison, who was Secretary of State for the new administration under President Thomas Jefferson (who took office in March of 1801), wouldn't validate William Marbury's appointment as Justice of the Peace.  William Marbury sued.  In 1803, the Supreme Court Justices ruled unanimously that James Madison's refusal was illegal but incredibly the law that Marbury had sued under was also unconstitutional.  The Supreme Court implemented the power of “judicial review” to decide whether a law or executive action is constitutional. This gave the High Court the legal authority for every decision it would make in the future.



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