Written by Chase DeGuido.
The United States of America is an example of a republic – country run by an array of elected officials who represent the population when in office. However, the judicial branch is not elected by the people, but instead nominated by the president and confirmed by the Senate. This process of nomination by the president and confirmation by the Senate should help new justices remain unaffected by political parties or any other outside influencers, such as the media or interest groups, once they are confirmed to the Court. However, the Supreme Court justices have been affected by external influencers, and this has impacted how they perform their duties.
Although the judicial branch has been on the job since 1789, it has taken a toll on the backbone of America’s democracy, the Constitution. Justices are supposed to interpret laws and court cases as constitutional or unconstitutional solely based on the law of the land; however, throughout time, some have not. Instead, they have interpreted the Constitution as a living document that should change with time and what they translate it to mean. This allows their emotions to take control of their decision making when deciding if laws and court cases are constitutional or unconstitutional.
When our founders ratified the Constitution, they were trying to create a document that would withstand centuries to come, not merely replace the imperfect Articles of Confederation. It was to be one that would not be interpreted differently by various readers but rather understood by all.
When we have multiple interpretations, America’s Constitution becomes weak. The rock-solid principles that make up the foundation of our country become cracked, and in time we find our nation instead sitting atop a foundation that is falling apart. This is seen when the Constitution is interpreted to pertain to current events, social media movements, party movements, etc.
Instead of interpreting the Constitution based upon emotions, outside influencers, and their own political views, all justices should interpret the Constitution based upon how it was written by our founders. Originalists believe that the Constitution is to be interpreted by what our founders wrote and intended for it to mean, not to change the meaning or translate a law differently to fit a certain agenda of a group or movement.
The Constitution was meant to serve as a solid foundation for this nation, and it should be the standard other laws are judged against. Any justice who wants to change the Constitution to fit his or her own interpretation has the wrong job.
The views and opinions expressed in the following article are those of the student and do not necessarily represent those of Liberty Nation GenZ. GenZ welcomes well-written submissions from a variety of viewpoints.