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How did the Supreme Court come into being? How has it been able to fly under the radar like this as being undemocratic?
by mettamage 3y ago
How did the Supreme Court come into being? How has it been able to fly under the radar like this as being undemocratic?
- gnicholas 3y agoArticle III, section I of the Constitution.
- seanw444 3y agoIt's a council of 9 justices who vote on final decisions. They are appointed by politicians who the people vote for. This is intentional, for the same reason that the Senate wasn't meant to be directly voted for by normal citizens either: normal citizens usually don't have the political involvement necessary to make educated decisions about who to appoint the position. In theory, at least. It's a balance between politicians playing the circlejerk game to help each other with their misdeeds, and average joes voting for imbeciles.
- phpisthebest 3y ago>> for the same reason that the Senate wasn't meant to be directly voted for by normal citizens either: normal citizens usually don't have the political involvement necessary to make educated decisions I am going to take slight issue with this, The reason the Senate was appointed as not because "normal citizens usually don't have the political involvement necessary to make educated decisions" it was because we are a Union of States. ie the United States. The states are suppose to have some level of sovereignty from the Federal Government, Previous to the Civil War most citizens were loyal to their State first, then the country. Post Civil War the federal government started to rewrite the relationship, however the Senate was to be the States representative in the Federal Government, thus why there are 2 for every State. The House Represented the people, thus why it is apportioned by population. A Senator was not meant to be the citizens voice in the Federal government, but was meant be the Voice of the State Government from which they were appointed.
- seanw444 3y agoYes, that is true. I'm meaning the senators' interactions at a state-to-federal level is further beyond the average citizen's purview, whereas state senators are more likely to know who's fit to represent the state as a whole. As it stands now, we basically just have two houses of representatives, which is so stupid.
- quickthrowman 3y agoThe Supreme Court is laid out in the Constitution, but this decision is where the court derives its power of judicial review: > Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States. https://en.m.wikipedia.org/wiki/Marbury_v._Madison https://en.m.wikipedia.org/wiki/Marbury_v._Madison
- mettamage 3y agoThanks for the answers :) I'm from The Netherlands, so I'm lacking certain insights into the US