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In Order to Form a More Perfect Union

by Karen Hatter | May 29, 2009 at 05:35 am

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The United States Supreme Court, which buttresses the concept of the United States of America, is an institution attempting to evolve toward perfection, using as its instrument the Constitution of the United States, which states as the reason for its drafting, " .... in order to form a more perfect union...." .

For over one hundred years, the nation's highest court in the land handed down rulings viewed through a lens devoid of the ability to see many who resided in the United States and the " .... unalienable right(s) ...." they were deprived.

Many rulings handed down by the U.S. Supreme Court, since the founding of the nation and into the 21st century, have been colored by societal conditions originating from the nation's "birth defect" of slavery, as characterized by former Bush administration cabinet member, Dr. Condoleeza Rice.

Yet, it will be argued, when rendering the decisions of the past, the Supreme Court justices' rulings on those cases that adversely affected those deprived, acted in the interest and on the behalf of the the people of the United States as advocates, with advocacy being a companion act to activism, as the Supreme Court interpreted and dispensed law with the use of the Constitution.

The U.S. Supreme Court is charged to deliver opinions using the Constitution as its guide for adjudication. Since the adoption of the Constititution in 1789, in an effort to achieve that " more perfect union", twenty seven amendments have been added and ratified toward that end.

For decades, American society and the courts have attempted to address the needs of governing the nation by using the Constitution, a document described by many scholars as a living document, meant to grow with the nation.

The character of the Supreme Court and its rulings have been shaped by the individuals seated upon the bench and those offering arguments before the court.

When the inclusion of individuals representative of the many life paths and cultures, found within the United States of America, are seated on the U.S. Supreme Court, in time, the achievement of a nation nearing perfection may be realized.

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A. Tran

at 17:01 on May 29th, 2009

With due respect, the role and responsibility of the Supreme Court Justices are more complex and broader than to follow the ideal of "... to form a perfect union".

Past and present Justices are humans, therefore, would invariably be influenced by their life experiences, even as each interpret the rule of law while considering legal precedence whenever they render their opinions.

In other words, each of the Justices of the current and past Supreme Court brought something from his or her life experience into each of their decisions on specific cases.

The late Justice Thurgood Marshall who died in 1993 comes to mind.

Before his nomination to the United States Supreme Court in 1967, Thurgood Marshall won 14 of the 19 cases he argued before the Supreme Court on behalf of the government. It was an impressive record.

Until his retirement from the Supreme Court, Justice Marshall had established a record for supporting the voiceless American.

Justice Sandra Day O'Connor had spoken about how her perspectives changed from her experience in working with Justice Thurgood Marshall.

Karen Hatter

at 21:35 on May 29th, 2009

Thank you for your comments, Pythiian1.

The title refers to the purpose for which the Constitution was written, with the Supreme Court serving in an effort to adhere to the embodiment of the written word.

It would be the efforts of those sitting on the court, drawing on their life experience as they rule, that would continue to aid in the evolution of the court, hopefully shaping the U.S. toward that "more perfect union".