The U.S. Supreme Court

     Since 1789, the United States Supreme Court has transformed its role in legislation by interpreting the constitution and creating precedent with each decision the justices come to. The Supreme Court's specific power was established after its creation in 1803 when the Marshall Court was faced with the case Marbury v Madison. Their decision in this case was a turning point in history, because the Supreme Court used the principle of checks and balances to rule Madison's demand for SCOTUS as unconstitutional, and struck down the Judiciary Act of 1789 as unconstitutional for "extend[ing] the Court’s original jurisdiction beyond that which Article III, Section 2, established" according to the case's summary on Oyez. 

📌 To see more details regarding Marbury v Madison, its Oyez summary is a great source 📌 

https://www.oyez.org/cases/1789-1850/5us137

    This case built the framework for the Supreme Court's present day purpose because it established Judicial Review as the court's power to deem all actions of parts of government and laws constitutional or not. Since Marbury v Madison, the Supreme Court has used judicial review to come to decisions on new cases concerning the constitutionality of actions the government has taken and set new precedents that impact future application of the constitution to those cases. 

    The Supreme court holds a very prestigious reputation because they are the final say in matters that progress to their level of jurisdiction. What the Supreme Court decides remains as that interpretation of the Constitution until another similar case is brought up through the court system or until congress passes a new law because SCOTUS usually acts with stare decisis. This principle means that once the Supreme Court makes a precedent, they do not want to stray from it to maintain consistency and stability throughout the nation. So, one decision can impact years of prosecution at the lower court level and lawmaking at the local, state, and federal levels. Such combination of precedent and stare decisis has been defined as judicial restraint meaning the Supreme Court chooses to show slow or no change at all in their interpretations of the Constitution. 

    Though many scholars argue for the Supreme Court to use Judicial Activism to create rapid change in law or overturn past precedent, it is important to consider the consequences such sweeping change could have. Our Constitution was intended to provide a stable and lasting government which would be threatened by too much inconsistency in law making and enforcement. It is within the power of Congress to carry the role of creating laws, which can be used to spark more rapid change, whereas the Supreme Court creates precedent case by case. 

📌 For more detail on the functions of the United States Supreme Court, this article from 📌

History.com is a great source. 

https://www.history.com/topics/us-government/supreme-court-facts