Module 5 – Justice and the Constitution
Lesson 3
The Supreme Court: Final Arbiter or Political Actor?
The Supreme Court: Final Arbiter or Political Actor?
What Is the Supreme Court?
The Supreme Court of the United States (SCOTUS) is the highest judicial authority in the country.
It was established by Article III of the Constitution and holds the power to:
• Interpret laws
• Review the constitutionality of legislation and executive actions
• Serve as the final voice in legal disputes
Its rulings are binding on all courts, all states, and all citizens.
Why Is It So Powerful?
Unlike Congress and the President, the Supreme Court:
• Does not face elections
• Has lifetime appointments
• Operates largely out of the public eye
Yet its decisions have shaped the course of American justice, sometimes for better—and sometimes for worse.
Some landmark rulings include:
• Brown v. Board of Education (1954) – Ended racial segregation in public schools
• Roe v. Wade (1973) – Legalized abortion (later overturned)
• Citizens United v. FEC (2010) – Expanded corporate influence in politics
• Shelby County v. Holder (2013) – Weakened the Voting Rights Act
Justice or Politics?
The Supreme Court is supposed to be neutral and guided by the Constitution—not by ideology.
But critics argue it has become deeply politicized, because:
• Justices are nominated by Presidents and confirmed by the Senate
• Appointments often reflect partisan goals
• Rulings frequently fall along ideological lines
This raises questions:
Is the Court upholding the Constitution—or advancing political agendas?
The Power to Say What the Law Means
In the 1803 case Marbury v. Madison, the Supreme Court claimed the power of judicial review—
the right to declare laws unconstitutional.
This gave the Court immense authority.
It can strike down acts of Congress, nullify executive orders, and reshape society—without ever passing a law or signing a bill.
Some see this as a vital check on tyranny.
Others see it as nine unelected people controlling a democracy.
The Myth of Finality
Many believe that a Supreme Court ruling is the “final word.”
But in truth:
• The Court can reverse itself (as in Dobbs v. Jackson overturning Roe v. Wade)
• Congress can amend the Constitution
• The people can pressure the Court through protest, voting, and culture
Justice is not frozen in marble. It evolves—even at the highest bench.
Thought Questions
• Should lifetime appointments be reconsidered?
• Can a court be neutral in a divided society?
• Who watches the judges?
Next Lesson Preview:
Lesson 4 – Constitutional Amendments: How Do We Change the Supreme Law?