The Illegitimate Lawmakers

By Prateek Patel

The Supreme Court is the most illegitimate and the most autocratic institution that exists in
our Democratic-Republic. As the role of the Supreme Court is to analyze our Constitution and
make sure that the Congressional laws passed are unconstitutional. But they have become
the unelected lawmakers in our country, who have overextended its power, over the years.

In Article 3-Section 2, The Constitution states, “The judicial power shall extend to all cases, in
law and equity, arising under this Constitution, the laws of the United States, and treaties
made, or which shall be made, under their authority;–to all cases affecting ambassadors,
other public ministers and consuls;–to all cases of admiralty and maritime jurisdiction;–to
controversies to which the United States shall be a party.”

While Article 1 section 8 says, “To make all laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any Department or Officer
thereof.”

Due to these Constitutional Amendments, I argue that the Supreme Court is to make sure
that the laws passed by Congress are executed while Congress is supposed to make the
laws.

The Supreme Court has far strayed from its original intention of the Constitutional founders.
Originally they were put in place to make sure that Congress and the Executive Branch did
their duties properly. But ever since the 1803 ruling of Marbury v Madison and the creation
of judicial review, the Supreme Court has transcended to an illegitimate law-making power.

According to Article 3-Section 1, “The judicial power of the United States, shall be vested in
one Supreme Court.” But the Constitutional lawmakers, did not realize that under the law,
the Supreme Court can make rulings to increase their own power.

For the last 200 years, the Supreme Court has made fundamental decisions to create a
great nation. From its rulings concerning interstate commerce to its decision concerning
Brown v Board of Education, the Supreme Court has been crucial in creating the modern
society that we live in today.

Although this doesn’t counter the fact that the Congress (our elected representatives) are
supposed to make/enforce laws on behalf of the people. As only Congress should have the
right to make decisions on heated issues from abortion to gay marriage.

These arguments lead me to argue that the Supreme Court is the most illegitimate branch in
the United States. Its justices are brought on stage by interest groups, appointed by a
president in accordance to his political affiliation, and then approved by a senate majority.

If the majority of the Senate are in the opposition party of the President, then nothing will
occur. This only shows that the Supreme Court Justice nomination process embodies
corruption, portraying that it is an undemocratic institution in the country.

At-least in a presidential election, although potentially influenced by the Electoral College, it is
selected by the citizens of the United States. I argue that people should elect the president
and it should be exclusively based on the popular vote, but it still involves the people.
The only legitimate democratic system, are Congressional and State Legislatures that are
selected by the popular vote of the United States. Although these Supreme Court justices
appointments are not in any way influenced by the citizens of our country, but exclusively by
party politics.

But despite the Supreme Court not being popularly elected, these justices are the most
powerful body. Whether the public agree or disagree with their decisions, they cannot be
removed.

As long as the Supreme Court holds this much power, this will always be a corrupt nation. We
are a supposed Democracy and the people of our nation reign above all others. Then why
does the Supreme Court have the right to make decisions on their behalf, if we don’t elect
them?

Our nation has problems but only the citizens should be allowed to change it, not the
unelected representatives. Therefore Congress should pass laws-whenever necessary to
change things, not the Supreme Court. Due to this, I argue that either the Supreme Court
justices should be elected by the people-or it should be nonexistent altogether. Although a
popular election may not create a successful institution, at-least it could be called
democratic.
We are a nation by the people, so our representatives “Congress” should create our laws-
and not the interest-driven “unelected” bias court.