With the appointment of Ketanji Brown Jackson as the first African American female Supreme Court Justice, it is important to contextualize the historical relevance of this event. It is significant because the election of these judges can mark the judicial tendency of the coming decades.
What does the Supreme Court do?
The Supreme Court is the only court established by the Constitution. All other courts have been created by Congress.
The decisions of the Supreme Court, also known as the judicial branch, establish legal precedent, which means that all other courts in the country must respect its decisions.
This court has the authority to conduct judicial reviews and the power to declare federal and state laws, as well as acts of other federal and state authorities, unconstitutional. Its decisions cannot be appealed.
How is the Supreme Court composed?
The court is made up of a Chief Justice and eight Associate Justices who are appointed by the President and confirmed “with the advice and consent” of the Senate.
Why do they have their position for life?
Like all federal judges, Supreme Court justices “shall hold their offices during good behavior,” according to Article III of the US Constitution.
Technically, a judge could be removed if he or she no longer complies with the “good behavior” part of that clause, but in practice, this means they have their seat for life unless they resign or are dismissed by Congress.
According to various jurists, the reason that these judges have lifetime appointments is to prevent the court from following trends related to electoral cycles.
Because the Supreme Court reviews the actions of Congress and the President, it must be shielded from outside pressure so that it can function as a truly independent entity.
Have any Supreme Court judges been removed?
Judges appointed to the country’s highest court can only be removed by Congress through an impeachment process.
Throughout history, no justice has ever been removed from office. The only judge that Congress attempted to impeach was Samuel Chase, who was appointed by George Washington in 1796. However, he was acquitted and served as a Supreme Court justice until his death in 1811.
How are justices chosen?
The executive and legislative branches share responsibility for the appointment and approval of these judges.
As a general rule, the President appoints a person who shares his or her politico-judicial ideals. However, in some cases, the judge’s decisions may be the opposite of what the president expected of the individual when he or she was nominated.
All Supreme Court nominees need the “advice and consent” of the Senate.
The Senate Judiciary Committee conducts hearings to examine the quality of the nominee. The full Senate then considers the nomination.
As the final arbiter of law, this Court is responsible for assuring the American people of the promise of equal justice under the law. It also functions as the guardian and interpreter of the Constitution, without political pressure.
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