It’s impossible to truly understand our nation’s history without an understanding of the history of the Supreme Court and its role in shaping public policy in every regard. I am licensed to present cases to the Supreme Court however I have never had a case that warranted being presented to the Supreme Court. I am however fascinated with the evolution of this small, yet mighty branch of the government.<\/p>\n
The power the Supreme Court wields today is very different than when it first started. In fact, there is literally just one sentence in the Constitution that vaguely references what the Supreme Court shall do. Article 3 of the Constitution states: “The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish.”<\/p>\n
The language is vague since at its inception the Supreme Court’s role was being made up along the way. In 1787 most of the attention was on the legislature, which was based on the Parliamentary system, which is of course where we got our traditions based on the House of Lords. By the time it was established in 1789 and, in its earliest days, the Supreme Court was considered the least dangerous brand of the federal government. As a uniquely American idea, the idea of a co-equal independent body was not yet fleshed out.<\/p>\n
The Supreme Court didn’t really start to come into its true power until the fourth Chief Justice, John Marshall, took office. During the tenures of the first, second and third Chief Justices, very few cases were heard by the Supreme Court. In fact, the first Chief Justice, John Jay, appointed by President George Washington stepped down from his position to run for Governor of New York because he was bored.<\/p>\n