Role of the Supreme Court (Quick Thoughts)

Today I was watching a news show, and the discussion was the potential retirement of Justice Ginsburg in 2015. During the commentary, one comment from a pundit really caught my attention in regards to the Supreme Court. He was discussing how the 2012 Presidential Election will have a significant impact on the Court pending the winner in the General Election in November. It was the comment at the end, not so much the philosophy or jurisprudence that struck me. He said, "One of the most important things an Executive will do is nominate to the Supreme Court", this I do not disagree with. It was the reasoning that I do, because he stated after this, "The Supreme Court decides who gets equal Rights", and then proceeded to state how one candidate should "Scare the hell" out of the people if he were to win, the latter being besides the point.

The role of the Supreme Court is NOT to decide who gets equal rights, this is already addressed in multiple places on who does.

The Declaration of Independence:

We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness

14th Amendment

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

 

In addition to the two above, the Bill of Rights also guarantees equal protection, since it prohibits government from doing an act in totality, and does not specify any case in which it may. Later Amendments further state this, to protect additional rights.

The job and responsibility of the Supreme Court is to interpret law in accordance to the Constitution, treaties and Congress, as found in ARTICLE III Section 2

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

and in accordance with Article VI

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Rights do no come from Government, they are inherently the peoples from the start, coming from their Creator.

that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness

The purpose of Government, which includes the Supreme Court, is to secure and ensure these rights are protected for all

that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed

If rights are NOT equal across the board, and the will of people is for them TO BE EQUAL, only government then has the power to infringe on these rights an IT has violated the will of the people. The job of the Supreme Court is NOT to decide who gets equal rights, but to prevent the rights of any from being abridged or infringed by an act of Congress or other Government act. The Constitution guarantees equal protection to all, in the Constitution proper and the 27 Amendments. The Supreme Court DOES NOT GET TO DECIDE who gets equal Rights, that decision has already been made by the people, and the answer is all get them.  The Supreme Courts job is to ensure no act by Government violates this, as it violates the Constitution, and the Constitution guarantees equal protection for all. If the Supreme Court upholds its duty, and follows the Constitution (as charged by Article III and VI), then rights of the people are secure AND equal, without that body having to decide anything other then this at all. That IS THE JOB of the Supreme Court.