Also referred to as the highest court
of appeal, ...
Also referred to as the highest court
of appeal, the instance court, court of last resort, or judgment court, the
Supreme Court is defined as the highest ranking court in a country. Although
there are numerous courts within the legal jurisdiction formation, but the
Supreme Court is the highly ranked of all of themselves. One of the distinctive
elements with regards to the setting and functionality of the Supreme Court is
presented in its power and decision making capabilities. Once a decision has
been made by the Supreme Court, it is not subject to any form of review by any
other legal institution in the land. Supreme Courts are also defined through
their main function (Fisher, 2009). Within the various governmental settings,
the Supreme Court is usually assigned the role of listening to and reviewing
the decisions that have been made by intermediate-level appellate courts or
lower trial courts (Fisher, 2009). The
main aim of this paper is to conduct a review with regards to the functionality
of the Supreme Court. Here, the analysis will be conducted so as to detail the functionality
of the Supreme Court with regards to the interpretation of laws passed by
congress as well as analysis on the actions undertaken by the executive branch (Fisher,
The history between congress and
Supreme Court has been in existence since the establishment of the
constitution. These two institutions of the government act as watchdogs with
regards to each other’s activities (Ellis, 2009). The activities – especially
legislative – are under constant scrutiny by the Supreme Court. The
functionality of the Supreme Court involves exercising power in the process of
effective decision making. Being an independent branch of the government, the
powers of the Supreme Court are – occasionally – subjected to scrutiny by the
congress. In the relationship fostered between the congress and the Supreme
Court, the main responsibility of the Supreme Court is to ensure that the
lawmaking activities are maintained within the constitutional borders. The
congress’ main concern is to ensure that the Supreme Court does not overstep or
function at a capacity other than what has been stipulated by law. There are
various ways through which congress keeps the Supreme Court in check. The
judges who work for the Supreme Court are approved by Senate. Other important
judges such as federal judges also receive their appointment from the senate.
Trail of impeachments is also overseen by congress. Constitutional amendments –
which possess the power to undo the Supreme Court decisions – are vested on
congress. Setting of the various courts which are of lesser power compared to the
Supreme Court is done by congress. The power through which the jurisdiction of
the courts is established is set by congress (Fisher, 2009).
In a nutshell, the executive is in
possession of powers that allow him or her to alter the size – and thus affect
the functionality – of the Supreme Court. The executive is also in possession
of powers to swear in and demote judges from the Supreme Court bar of judges.
The Supreme Court ensures that the executive is kept on check with regards to
how they exercise their powers and how they undertake their oath of office. The
various responsibilities attached to the executive post require an oversight
authority. Here, the Supreme Court is assigned with the oversight authority
over the executive office. The executive is assigned with the power to
institute reforms with regards to the entire judicial system. This places the
responsibility of reforms on the Supreme Court squarely on their shoulders (Ellis,
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