Why the Supreme Court Is Not a Court and Its Justices Are Not Judges

Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges

by Timothy Messer-Kruse

4.6 out of 5

Language	:	English
File size	:	1674 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	241 pages

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The Supreme Court of the United States is the highest court in the land. It is the final arbiter of the law and its decisions are binding on all other courts in the country. However, despite its name, the Supreme Court is not actually a court. And its justices are not judges.

There are a number of reasons why the Supreme Court is not a court. First, it does not have the power to enforce its own decisions. If the Supreme Court makes a ruling that is not followed by a lower court, the Supreme Court cannot do anything to enforce its ruling. It must rely on the lower court to follow its decision voluntarily.

Second, the Supreme Court does not have the power to decide cases based on the facts. The Supreme Court only has the power to decide cases based on the law. If the facts of a case are in dispute, the Supreme Court must defer to the lower court's findings of fact.

Third, the Supreme Court is not subject to the same rules of procedure as other courts. The Supreme Court can make its own rules of procedure and can even change them at will. This gives the Supreme Court a great deal of power and flexibility, but it also means that the Supreme Court is not subject to the same checks and balances as other courts.

The fact that the Supreme Court is not a court and its justices are not judges has a number of implications. First, it means that the Supreme Court is not bound by the same rules as other courts. This gives the Supreme Court a great deal of power and flexibility, but it also means that the Supreme Court is not subject to the same checks and balances as other courts.

Second, it means that the Supreme Court's decisions are not always based on the law. The Supreme Court can make decisions based on its own interpretation of the law, even if that interpretation is not supported by the plain meaning of the text. This gives the Supreme Court a great deal of power to shape the law, but it also means that the Supreme Court's decisions can be unpredictable.

Third, it means that the Supreme Court is not a neutral arbiter of the law. The Supreme Court is a political institution and its decisions are often influenced by the political views of its justices. This can lead to the Supreme Court making decisions that are not in the best interests of the country as a whole.

The Supreme Court is a powerful institution that plays a major role in American government. However, it is important to remember that the Supreme Court is not a court and its justices are not judges. This has a number of implications, both positive and negative.

Positive Implications

• The Supreme Court's power and flexibility allow it to make decisions that are in the best interests of the country as a whole.
• The Supreme Court's independence from the other branches of government allows it to serve as a check on their power.
• The Supreme Court's ability to interpret the law gives it a great deal of power to shape the direction of the country.

Negative Implications

• The Supreme Court's power and flexibility can also be used to make decisions that are not in the best interests of the country as a whole.
• The Supreme Court's independence from the other branches of government can make it difficult to hold it accountable for its decisions.
• The Supreme Court's ability to interpret the law can lead to unpredictable decisions and can make it difficult for people to know what the law is.

The Supreme Court is a complex and powerful institution. It is important to understand the Supreme Court's role in American government and to be aware of the both the positive and negative implications of its power.

Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges

by Timothy Messer-Kruse

4.6 out of 5

Language	:	English
File size	:	1674 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	241 pages

FREE