Malcolm Rivera
The Supreme Court of the United States is the highest court in the country, with nine justices appointed by the President and confirmed by the Senate. The Court has original jurisdiction over cases involving disputes between states or disputes arising among high-ranking ministers, and appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. The Supreme Court plays a crucial role in the constitutional system of government, ensuring that each branch of government recognizes its power limits. The Court's power of judicial review allows it to declare a Legislative or Executive act in violation of the Constitution. The Court's rulings on constitutional questions, such as Rucho v. Common Cause (2019), shape the landscape of American politics and uphold the separation of powers.
| Characteristics | Values |
|---|---|
| Number of Justices | 9 |
| Appointment | Appointed by the President and confirmed by the Senate |
| Term | Justices hold office during good behavior, typically for life |
| Jurisdiction | Original and appellate |
| Powers | Judicial review, i.e., the ability to declare a Legislative or Executive act in violation of the Constitution |
| Ability to strike down state laws found to be in violation of the Constitution | |
| Authority to issue writs of mandamus | |
| Authority to grant a stay | |
| Number of cases heard per year | 65-70 |
| Number of petitions received per year | 10,000 |
| Number of Justices required to accept a case | 4 |
| Number of Justices required to grant a stay | 5 |
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What You'll Learn
The Supreme Court's power of judicial review
The Supreme Court of the United States is the highest court in the country. It was established by Article III, Section 1 of the Constitution, which also states that it has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case, and this is limited to cases involving disputes between states or disputes arising among high-ranking government officials. On the other hand, appellate jurisdiction means that the Court can review decisions made by lower courts. The Supreme Court usually hears cases that have been appealed from lower courts, such as a U.S. Court of Appeals or the highest court in a given state.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court, it is the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of the government recognizes its own limits. The Court's rulings create precedents that all other courts in the country must follow, providing clarity in situations where lower courts have interpreted the law differently.
The Supreme Court's term typically runs from October to June, with oral arguments set for cases from October to April. The Court receives about 10,000 petitions annually but hears only around 65-70 cases each year. Four of the nine Justices must vote to accept a case, and they use the "Rule of Four" to decide if a case has merit. If so, they issue a writ of certiorari, ordering the lower court to send the case records for review.
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The Supreme Court's original and appellate jurisdiction
Article III, Section 1 of the US Constitution establishes the Supreme Court, and Article III, Section II establishes its jurisdiction—its legal ability to hear a case. The Supreme Court has both original and appellate jurisdiction.
Original jurisdiction means that the Supreme Court is the first and only court to hear a case. Original jurisdiction is limited to cases involving disputes between states or disputes arising among ambassadors and other high-ranking ministers, such as suits between two or more states and cases involving ambassadors and other public ministers. 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 (1803), the Supreme Court noted that the Constitution did not permit it to have original jurisdiction in this matter.
Appellate jurisdiction means that the Court can hear a case on appeal and has the authority to review the decisions of lower courts. Most of the cases heard by the Supreme Court are appeals from lower courts. The Supreme Court has appellate jurisdiction over almost any case that involves a point of constitutional and/or federal law. Examples include cases to which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases). When exercising its appellate jurisdiction, the Court does not have to hear a case, and the Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so.
The Supreme Court receives about 10,000 petitions a year but only hears about 65–70 cases. The Court's term typically lasts from the first Monday of October to the end of June. The Court sets oral arguments for cases, which usually run through April and occur during the first two weeks of each month. Opinions are released throughout the term, with the final opinions on the most important and controversial cases coming at the end of June. Most constitutional cases start with the argument that the government has violated the Constitution. Typically, the Court hears cases that have been decided in either an appropriate US Court of Appeals or the highest court in a given state (if the state court decided a Constitutional issue). According to the Rule of Four, four of the nine justices must vote to accept a case.
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The Rule of Four
> "The 'rule of four' is not a command of Congress. It is a working rule devised by the Court as a practical mode of determining that a case is deserving of review, the theory being that if four Justices find that a legal question of general importance is raised, that is ample proof that the question is one which calls for the Court's adjudication."
The history of the Rule of Four dates back to the early 19th century, when it was an informal or unstated practice that only applied to a small subset of the Court's caseload. An early version of the rule played a significant role in Congress's 1925 grant of broad discretion over most appeals. It took several decades for the rule to reach its current form, with debates over the number of justices required for a review and the practical effect of a vote to hear a case.
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The Supreme Court's role in state laws
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has nine justices, including one Chief Justice and eight Associate Justices. The Supreme Court plays a crucial role in interpreting and enforcing the Constitution, ensuring that state laws do not violate it. This power of judicial review allows the Court to strike down state laws that are deemed unconstitutional.
Article III of the Constitution establishes the federal judiciary, with Section I vesting judicial power in the Supreme Court and allowing Congress to decide its organisation. The Judiciary Act of 1789 created a Supreme Court with six justices and established the lower federal court system. The Supreme Court has original jurisdiction over a narrow range of cases, including those involving ambassadors, public ministers, and consuls, as well as disputes between states. It also has appellate jurisdiction, allowing it to hear appeals on almost any case involving constitutional or federal law.
The Supreme Court's decisions have a significant impact on society, shaping the interpretation and enforcement of constitutional rights. The Court's rulings on constitutional issues are final and binding, ensuring that each branch of the government respects its limits. The Court's rulings have addressed a range of issues, including students' rights, as seen in Tinker v. Des Moines Independent School District, where the Court upheld students' right to free expression.
Overall, the Supreme Court plays a vital role in safeguarding constitutional rights and ensuring that state laws do not infringe upon them. Its decisions shape the legal landscape, influencing the interpretation and enforcement of laws across the nation. The Court's authority to review and strike down state laws reinforces the principle of constitutional supremacy and protects the rights of citizens.
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The Supreme Court's political question doctrine
The Supreme Court's decision in Marbury v. Madison (1803) established the power of judicial review and recognised the judiciary's limitations due to coordinate branches of government. The Court ruled that an Act of Congress that is contrary to the Constitution could not stand, as the Constitution is the supreme law of the land. This case laid the groundwork for the political question doctrine, suggesting that some issues are exclusively for other government branches to decide.
In Baker v. Carr (1962), the Supreme Court refined the political question doctrine by providing clear criteria for what constitutes a political question. The Court identified six factors that must be considered when determining whether to refrain from deciding a case:
- A textually demonstrable constitutional commitment of the issue to a coordinate political department;
- A lack of judicially discoverable and manageable standards for resolving the issue;
- The impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion;
- The impossibility of a court's undertaking independent resolution without expressing a lack of respect due to coordinate branches of government;
- An unusual need for unquestioning adherence to a political decision already made;
- The potentiality of embarrassment from multifarious pronouncements by various departments on one question.
The Supreme Court has applied the political question doctrine more frequently to cases involving the Executive Branch than the Legislative Branch. The doctrine has also been applied by lower courts to foreign policy matters. The Court's restraint in certain matters, such as partisan gerrymandering, is based on respecting the separation of powers and state sovereignty.
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Frequently asked questions
The Supreme Court has both original and appellate jurisdiction. Original jurisdiction means the Supreme Court is the first and only court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. Appellate jurisdiction means the Court has the authority to review the decisions of lower courts.
This is called the "Rule of Four", where four out of nine Justices must vote to accept a case. The Supreme Court receives about 10,000 petitions a year but only hears about 65-70 cases annually.
The Supreme Court hears cases that have been decided in a U.S. Court of Appeals or the highest court in a given state if a Constitutional issue was decided. Most of the cases the Supreme Court hears are appeals from lower courts.
The Supreme Court has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. The Court also has the authority to strike down state laws found to be in violation of the Constitution.
