Guardians of the Constitution

The most important duty of the Supreme Court is to act as the guardian of the Constitution. It is the job of the Supreme Court to ensure that no law can be passed or action undertaken within the states that contravenes the Constitution. This role dates back to the framers of the new Republic, who feared that those who exercise political power in the legislature/executive might abuse it in some manner. The Supreme Court was therefore designed to act as a check upon the power of politicians from the legislative and executive branch of government.

Members of the Supreme Court hold a revered status within American society. They take on a role akin to what the Ancient Greek philosopher Plato referred to as the protectors of the Republic. In essence, members of the judicial branch are largely removed from the concerns of the everyday populace. The Supreme Court thereby reflects a pyramid conception of society consistent with the theory of elitism (Michels (1958), Mills, C.W. (1956), Mosca (1896)). In order for society to function effectively, both the elite and the masses must perform their appropriate roles. The founding fathers believed that an independent judiciary could help to avoid the tyranny of the majority being imposed by the people’s elected representatives. As an aside, this is why nationwide referendums are forbidden under the Constitution. It is worth noting here that the framers of our nation were skeptical of democracy and its association with mob rule.

The Supreme Court can and does rule populist measures implemented by both the legislature and the executive as unconstitutional. In doing so, they serve to protect society from the tyranny of the majority associated with those theorists who have been critical of democracy. Having said this, the power of the Court is of course limited. There are few better historical examples to consider than the response of the judicial branch to the early stages of the New Deal. President Franklin Delano Roosevelt threatened to pack the court with nominees sympathetic to his bold scheme after the Supreme Court ruled that certain elements were unconstitutional. For better or worse, the Supreme Court eventually fell into line. The second point to consider is that the present system actually leads to members of the Supreme Court legislating from the bench. In seeking to avoid the dangers of mob rule, the consequences may well be a form of krytocracy. This is an inherent problem when seeking to establish a political system. In avoiding one problem, it is usually the case that we create another!

The ability of the Supreme Court to act as a guardian of the Constitution is an important one within the overall framework of the American system of governance. In the absence of an institution acting as a guardian of the codified document, it is highly likely that the executive and legislative branch of government might abuse its power. At the very least, there is always the temptation for politicians to exceed their constitutionally-defined abilities. The SCOTUS holds numerous powers and holds a significant level of independence from the other two branches of government. In a political system characterized by the separation of powers, alongside a well-developed web of checks and balances, the SCOTUS is a genuinely important actor within the American political process. These powers enable the judicial branch of government to act as the guardian of the Constitution.