“The U.S. Supreme Court,” by Dan Elish.
Children’s Press, New York, 2007, 48 pages, Grades 3-5.
The U.S. Supreme Court of the United States (SCOTUS) is to be the final review body for all laws in the Untied States.
In the United States Constitution, Section Three concerns the Judicial Branch. It is the shortest section of the three branches of government because the Founding Fathers did not want it to become too powerful. While it was always intended to be a key component in the checks and balances of the government, its role was originally thought to be limited.
This changes early in the history of the nation when the “Principle of Judicial Review” becomes established. After this famous case, Marbury vs Madison in 1803, the Supreme Court established the ability to strike down any federal law that it felt was unconstitutional. This famous case causes an enormous increase in power for the Supreme Court.
While Judicial Review has always been in the back of legislators’ minds, the predominant Judeo/Christian culture of the United States limited certain secular value systems from ever becoming law. In the last 50 years this has dramatically changed. As secular humanism, or the belief that people determine ultimate truth without regard to traditional Judeo/Christian beliefs has grown, great social conflict has emerged. This plays out in society through law cases trying to force their position on the opposing side. Usually, the most controversial cases are heard in the SCOTUS.
Dan Elish writes a fine account of the history and intended purpose of SCOTUS in the book, “The U.S. Supreme Court.” He also discusses the painful issues that SCOTUS is having to rule on.
Originally, SCOTUS is understood to be the junior partner in the American Constitution. The Legislative Branch should be preeminent in the government, followed by the Executive Branch. The Judicial Branch is not thought of as having a great deal of power. But, as Elish demonstrates, SCOTUS will increasingly gain power throughout the history of the nation. He goes into great detail examining the court nominations of various presidents. These nominations are critical for the direction of the country. This is particularly true in the areas of slavery and civil rights. Elish follows important cases that have set legal precedents and gives later cases in which the SCOTUS has corrected itself. These corrections have been beneficial to the nation.
The author includes many photographs of famous Supreme Court justices and addresses their importance in American history. As we enter into the contentious nomination process of Judge Amy Coney Barrett, this book could be quite useful in discussing the numerous issues that are fraying our nation today.
Chief Justice John Roberts has stated that the purpose of SCOTUS is not to rule on every social issue that is causing great friction today. Unfortunately, special interest groups have manipulated the justice system in a manner not intended by the Founding Fathers. Then when they win a victory in the court system, they tell the losing side to obey, or else. This attitude is one of the things currently tearing our nation apart. Let us hope that Judge Barrett will get a fair hearing. She seems to have a commendable combination of compassion and legal talents. If your children or grandchildren ask you about this confirmation, Dan Elish’s book could be of assistance in helping them understand what is occurring in the Supreme Court.
