The Supreme Court's Role in Overturning Laws and Protecting Constitutional Rights

The United States Supreme Court (SCOTUS) plays a critical role in our legal system by ensuring that federal and state laws do not violate the rights granted by the Constitution. Indeed, SCOTUS is often seen as a safeguard against political overreach, particularly in cases where social issues come into play. However, the process of overturning laws is not as straightforward as it may seem, involving complex legal and societal considerations.

SCOTUS and Its Jurisdiction

The Supreme Court serves primarily as a court of appeal, rather than a court of original jurisdiction. This means that it typically hears cases where lower courts have ruled, unless the matter pertains to specific cases like those involving constitutional challenges or disputes between states and the federal government. In its role, SCOTUS determines whether state or federal laws infringe upon the rights guaranteed by the Constitution.

Defining Constituational Rights and Social Pressure

One of the key principles guiding the Supreme Court is the idea that certain rights are fundamental, even if not explicitly mentioned in the Constitution. The framers of the Constitution recognized that the document itself is not a comprehensive catalog of all possible rights, but instead serves as a framework for protecting those that are most essential. Therefore, while certain rights are not "Constitutionally granted,” they are protected from government overreach by the Constitution.

Progressives vs. Constitutionality

There is an ongoing tension between progressive movements, which often seek to promote social change through federal action, and the Supreme Court, which frequently bases its judgments on constitutional grounds. When progressives advocate for new "rights," they often attempt to legislate these through federal law rather than through a state-by-state process. This approach can lead to conflicts, as the Supreme Court must determine whether these laws align with the Constitution.

The Role of the Supreme Court in Social Issues

We saw a stark example of this tension in the landmark case Roe v. Wade. In 1973, the Supreme Court ruled in favor of the federal right to abortion. This decision was not without controversy and has been subject to frequent review and reinterpretation. When the current Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, it emphasized that the right to abortion is a state issue, not a federal one, and that the federal law was unconstitutional. This decision reflects SCOTUS's role in balancing social progress with constitutional fidelity.

Supreme Court’s Powers to Invalidate Laws

While the Supreme Court cannot simply overturn any law it deems undesirable, it does have the authority to invalidate laws that do not comply with the Constitution. For instance, if a federal law lacks a constitutional basis or if a state law infringes on federal power, the Supreme Court can strike it down. This process involves a detailed examination of the law in question and its alignment with the Constitution.

Examples of Supreme Court Decisions

One example is the case of the 22nd Amendment, which places term limits on the presidency. If a president were to serve more than two terms, thereby violating this constitutional restriction, the Supreme Court would rule that such a violation infringes on the rights of the people to a consistently enforced term limit. Similarly, if an administrative agency interpreted a vague law in a way that violates constitutional principles, the Supreme Court would also invalidate this interpretation.

Conclusion

The role of the Supreme Court in overturning laws is critical but complex. While it cannot simply assert its will without constitutional justification, the Court must also protect the fundamental rights of the people from government overreach. This balance is what ensures that the laws passed by Congress and state legislatures align with the principles enshrined in the Constitution. Ultimately, the Supreme Court stands as a bulwark against the potential for abuse of power and serves as a protector of the rights and freedoms that are the foundation of our democratic system.