The Supreme Court's Power: A Constitutional Question

The Supreme Court is the highest court in the federal judiciary of the United States. The US Constitution establishes the Supreme Court and vests federal judicial power in it. The Constitution, however, does not specify the size of the Supreme Court or the positions of its members. The power to define the Supreme Court's size and membership has been assumed to belong to Congress. The Supreme Court has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution. The Supreme Court also has appellate jurisdiction over all US federal court cases and state court cases that involve questions of US constitutional or federal law.

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The Supreme Court's power of judicial review

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Article III, Section I of the U.S. Constitution establishes the federal judiciary and states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

The Constitution does not specify the size of the Supreme Court or the positions of its members. Instead, it assumes the existence of the office of the Chief Justice and gives Congress the power to define the Court's size and membership. The first Supreme Court, appointed in 1789, consisted of six justices: a chief justice and five associate justices. The size of the Court has fluctuated over the years, ranging from five to ten justices, but since shortly after the Civil War, the number has been fixed at nine: one Chief Justice and eight Associate Justices.

In addition to its power of judicial review, the Supreme Court has appellate jurisdiction over almost all cases involving a point of constitutional and/or federal law. This includes cases to which the United States is a party, cases involving treaties, and admiralty cases. The Court has the discretion to decide whether or not to hear a case, and it agrees to review about 100-150 of the over 7,000 cases it is asked to consider each year.

The Supreme Court's ability to strike down laws violating the Constitution

The Supreme Court is the highest court in the United States and is the court of last resort for those seeking justice. It plays a crucial role in the constitutional system of government. The Supreme Court's power is established by Article III of the Constitution, which states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

While the Constitution does not explicitly grant the Supreme Court the power to strike down laws violating the Constitution, this power of judicial review is the Court's best-known ability. The Court established this doctrine in the case of Marbury v. Madison in 1803, where it asserted its authority to declare a Legislative or Executive act in violation of the Constitution. This power of judicial review ensures that each branch of government recognizes its own limits and protects civil rights and liberties by striking down laws that violate the Constitution.

The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It also has appellate jurisdiction, which means it can hear cases on appeal that involve constitutional or federal law. In exercising its appellate jurisdiction, the Court has the discretion to decide whether or not to hear a case.

The Supreme Court's ability to strike down laws that violate the Constitution is a crucial function of the judiciary that ensures laws align with constitutional principles. This power acts as a check on legislative power, protecting individual rights and freedoms guaranteed by the Constitution. The decisions made by the Court also set legal precedents that guide future cases and legislation. For example, in Brown v. Board of Education (1954), the Court struck down state laws establishing racial segregation in public schools, affirming the principle of equality under the law.

In summary, the Supreme Court's ability to strike down laws violating the Constitution is a manifestation of its power of judicial review. This power is not explicitly granted by the Constitution but was established by the Court in Marbury v. Madison. The Court's ability to strike down laws protects civil rights and liberties and ensures that the changing views of the majority do not undermine fundamental American values such as freedom of speech, freedom of religion, and due process of law.

The Supreme Court's appellate jurisdiction

The Supreme Court is the highest court in the United States, and its power is established by Article III of the US Constitution, which states:

> "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

Article III, Section I, grants Congress the power to decide how to organise the Supreme Court, which it first did in the Judiciary Act of 1789. This act established a Supreme Court with six justices and created the lower federal court system.

> "In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."

Most Supreme Court cases fall within its appellate jurisdiction. The Court can hear appeals on almost any case that involves a point of constitutional and/or federal law. Examples include cases where the US is a party, cases involving treaties, and admiralty cases involving ships on the high seas and navigable waterways. The Supreme Court has appellate jurisdiction over the decisions of the circuit courts, which themselves have appellate jurisdiction over the cases of the district courts.

The Certiorari Act of 1925 gives the Supreme Court the discretion to decide whether or not to hear a case. The Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year.

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The Supreme Court's original jurisdiction

The Supreme Court of the United States has original jurisdiction in a small class of cases described in Article III, Section 2, of the United States Constitution. Article III, Section 1, of the Constitution establishes the federal judiciary, stating that:

> The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

Article III, Section 2, further delineates the Supreme Court's original jurisdiction, stating that the Supreme Court shall have original jurisdiction:

> in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be [a] party.

This means that the Supreme Court has the authority to hear cases involving foreign officials and disputes between states. In practice, the Supreme Court rarely exercises its jurisdiction over foreign officials, instead dedicating its original docket to resolving disputes between state governments.

The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). However, in the case of Marbury v. Madison, the Supreme Court ruled that Congress could not expand the Court's original jurisdiction beyond that granted in the Constitution. This ruling established that the constitutional grant of original jurisdiction to the Supreme Court is self-executing and cannot be expanded by statute.

The Supreme Court's ability to declare a Legislative or Executive Act in violation of the Constitution

The Supreme Court is the highest court in the federal judiciary of the United States. It was established by Article III of the Constitution, which states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

While the Constitution establishes the Supreme Court, it does not specify the exact powers or prerogatives of the Court. Instead, it grants Congress the authority to decide how to organize the judiciary, including determining the size and membership of the Supreme Court. The Judiciary Act of 1789, passed by the 1st Congress, created a Supreme Court with six justices and established the lower federal court system. Over the years, the number of seats on the Court has varied, but since shortly after the Civil War, it has been fixed at nine: one Chief Justice and eight Associate Justices.

One of the most important powers of the Supreme Court is its ability to conduct judicial review, or the power to declare a Legislative or Executive Act in violation of the Constitution. This power is not explicitly mentioned in the text of the Constitution but was asserted by the Court in the landmark case of Marbury v. Madison in 1803. Through judicial review, the Supreme Court ensures that each branch of government recognizes the limits of its power and protects the civil rights and liberties of Americans by striking down laws that violate the Constitution.

In addition to its power of judicial review, the Supreme Court has appellate jurisdiction over almost all cases involving constitutional or federal law, including those to which the United States is a party, cases involving treaties, and admiralty cases. The Court can choose to hear a case on appeal through a petition for a writ of certiorari, where a party asks the Court to review its case. While the Supreme Court receives thousands of petitions each year, it agrees to hear only a small fraction of them.

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