Eleanor Finch
The Supreme Court is the highest court in the United States and plays a critical role in the constitutional system of government. While the Court has the power of judicial review, it is not explicitly mentioned in the Constitution. The Court's decisions have a profound impact on society, and it acts as the final arbiter of Constitutional rights. However, the Constitution provides tools for the elected branches to check the Court, and Congress can regulate the Court's jurisdiction and alter its composition. The Court's power is not absolute, and its size and structure have changed over time. Despite this, the Court retains significant influence and ensures that the government's branches recognise their limitations.
| Characteristics | Values |
|---|---|
| Role in the constitutional system of government | The Supreme Court is the highest court in the land, acting as the court of last resort for those seeking justice. |
| Power of judicial review | The Supreme Court ensures that each branch of government recognizes the limits of its power and protects civil rights and liberties by striking down laws that violate the Constitution. |
| Safeguarding minorities | The Supreme Court ensures that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities. |
| Appellate jurisdiction | The Supreme Court can hear cases on appeal that involve a point of constitutional and/or federal law. |
| Discretion in hearing cases | The Supreme Court has the discretion to decide whether to hear a case on appeal. It agrees to hear about 100-150 cases out of the more than 7,000 cases it is asked to review annually. |
| Congress's ability to regulate jurisdiction | Congress can regulate the Supreme Court's jurisdiction, but it cannot completely remove its ability to hear cases. Abolishing judicial review is unlikely anytime soon. |
| Supreme Court composition | Congress can change the composition of the Supreme Court by altering the number of justices, which has fluctuated over time. |
| Supreme Court's foundation | The Constitution establishes the Supreme Court, but it permits Congress to decide how to organize it. |
| Supreme Court's jurisdiction over state courts | The Supreme Court has jurisdiction over appeals directly from state courts, reviewing state decisions involving federal statutes, treaties, or constitutional law. |
| Determining adequate and independent state grounds | The Supreme Court determines what counts as an "adequate and independent state ground" for a state court decision, providing longstanding guidance on this matter. |
Explore related products
$38.47 $30.09
$24 $23.99
What You'll Learn
The Supreme Court's power of judicial review
The Supreme Court is the highest court in the United States, and its power of judicial review is considered its best-known power. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution. Notably, this power is not explicitly mentioned in the Constitution.
Article III, Section I 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." Section 2 grants federal courts, including the Supreme Court, the power to hear cases involving issues of federal law, lawsuits between states, and cases involving citizens of different states, among others.
The Court's decisions have a significant impact on society, with landmark cases shaping policies and interpretations of the law. For example, in Tinker v. Des Moines Independent School District (1969), the Court ruled that students could not be punished for wearing black armbands to school to protest the Vietnam War, upholding students' rights to free speech.
Despite the Supreme Court's power, Congress has tools to check the Court's authority. Congress can regulate and make exceptions to federal courts' jurisdiction, a practice known as "jurisdiction stripping." Additionally, Congress can alter the composition of the Supreme Court by changing the number of justices, thereby influencing the Court's rulings. However, abolishing the Court's power of judicial review or completely removing its ability to hear cases is unlikely, as it would disrupt the separation of powers.
Executive Power: Did the Constitution Get It Right?
You may want to see also
Congress's ability to regulate the Supreme Court
The United States Constitution outlines the federal courts' powers in two sections of Article III. Section 1 states that the judicial branch consists of one Supreme Court and inferior courts established by Congress. Section 2 grants federal courts—and by extension, the US Supreme Court—the power to hear cases stemming from issues of federal law, cases in which parties are citizens of different states, and lawsuits between state governments, among others.
Congress's ability to regulate and make exceptions to federal courts' jurisdiction does not provide it with the power to completely remove the US Supreme Court's ability to hear any cases. Abolishing judicial review would effectively wipe out the separation of powers and make Congress supreme over the other branches. While the Constitution does not explicitly give the Court the power to strike down laws, this power was established by the landmark case Marbury v. Madison, and no Congress has ever seriously attempted to overturn it.
Congress has the power to regulate the Supreme Court's ethics and the duty to safeguard against corruption. This includes ethics legislation, which safeguards the legitimacy of the Court by protecting the quality of its decision-making. Moreover, Congress has the ultimate power to impeach and remove justices for bad behaviour, which justifies regulation to ensure good behaviour.
Congress has also played a central role in regulating the ethical conduct of the justices, first by requiring them to take an oath written by Congress. Congress also sets the terms by which federal judges, including Supreme Court justices, retire and how they are compensated.
Congress may also seek to change the Supreme Court's composition and, thus, its rulings by increasing or decreasing the number of justices. There is no text in the Constitution that limits the Court's size, and its membership has fluctuated throughout history. For example, the Judiciary Act of 1789 created a Supreme Court with six justices, while shortly after the Civil War, the number of seats was fixed at nine.
In conclusion, Congress has the ability to regulate the Supreme Court's jurisdiction, composition, and ethics. However, it must respect the separation of powers and judicial independence while doing so.
Chirping Birds: Condo Nuisance or Natural Noise?
You may want to see also
The Supreme Court's role in protecting civil rights and liberties
The Supreme Court is the highest court in the United States, and it plays a crucial role in protecting civil rights and liberties. The Court's power of judicial review allows it to strike down laws that violate the Constitution, ensuring that the government's actions do not infringe on the freedoms and rights of its citizens.
The Supreme Court has ruled on numerous landmark cases that have had a profound impact on civil rights and liberties. For example, in the case of Tinker v. Des Moines Independent School District (1969), the Court upheld the right of students to express their political views, ruling that they do not "shed their rights at the schoolhouse gate." In Miranda v. Arizona (1966), the Court protected the right against self-incrimination, ruling that defendants must be informed of their right to have an attorney present during police interrogation.
Additionally, the Supreme Court has played a pivotal role in advancing reproductive rights. In Griswold v. Connecticut (1965), the Court recognized a "right to privacy," which protected individuals' reproductive choices. This set a precedent for Roe v. Wade, which guaranteed a woman's right to abortion under the Fourteenth Amendment.
However, the Supreme Court has also faced criticism for its rulings on certain civil rights and liberties issues. In Lawrence v. Texas, the Court initially upheld a law criminalizing homosexual sodomy, citing moral and social grounds. This ruling was later overturned in 2003, but it highlighted the Court's evolving interpretation of civil liberties.
Furthermore, the Supreme Court's power is not absolute and is subject to checks and balances by Congress, which can regulate the Court's jurisdiction and change its composition. Nevertheless, the Court plays a vital role in safeguarding civil rights and liberties, ensuring that the government's actions align with the Constitution and protecting the freedoms of its citizens.
Framers' Constitution: Gridlock Considered?
You may want to see also
Explore related products
The Supreme Court's composition and how it impacts rulings
The Supreme Court of the United States is the highest court in the country and plays a crucial role in the constitutional system of government. The Court's decisions have a profound impact on society, influencing not just lawyers and judges but also the general public, including high school students. The Court's most well-known power is judicial review, which allows it to declare acts of the legislative or executive branch unconstitutional. This power was established in the landmark case of Marbury v. Madison in 1803, despite not being explicitly mentioned in the Constitution.
The composition of the Supreme Court refers to the number of justices that sit on the Court and their ideological leanings. The Constitution does not specify a fixed number of justices, and throughout history, the Court's size has varied from as few as five to as many as ten justices. Currently, there are nine justices on the Supreme Court: one Chief Justice and eight Associate Justices. The number nine was fixed shortly after the Civil War. The composition of the Court in terms of ideological leanings has also fluctuated over time, with different administrations appointing justices that align with their political and ideological agendas.
The Supreme Court's rulings are impacted by its composition as the justices' ideological leanings influence how they interpret the law and the Constitution. A Court with a majority of conservative justices may rule differently than a Court with a liberal majority. For example, the Vanderbilt Law Review study observed that the politicized hiring trend resulted in the Court appearing more like a "superlegislature responding to ideological arguments rather than a legal institution responding to concerns grounded in the rule of law." This suggests that the Court's rulings may be influenced by political agendas rather than purely legal considerations.
The process of appointing justices to the Supreme Court is also important in understanding how its composition impacts rulings. The President nominates justices to the Supreme Court, and these nominations are then considered by the Senate Judiciary Committee. While rejections are uncommon, the Senate can vote against a nominee, as seen in the case of Robert Bork, nominated by President Ronald Reagan, who was explicitly rejected by the Senate. The Senate can also employ tactics like the filibuster to block nominations, although this option was eliminated by the Republican majority for Supreme Court nominations following the nomination of Neil Gorsuch by President Donald Trump.
In conclusion, the composition of the Supreme Court, in terms of both the number of justices and their ideological leanings, can influence the Court's rulings. The process of appointing justices and the potential for political interference further impact the Court's composition and, by extension, its decisions. While the Court is intended to be an independent institution, its rulings may reflect the political and ideological landscape of the appointing administrations.
Founding Fathers: Slavery, Constitution, and Complicated Legacies
You may want to see also
The Supreme Court's jurisdiction over appeals from state courts
The Supreme Court of the United States is the highest court in the American judicial system. It has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law. The Supreme Court's jurisdiction over appeals from state courts is known as its appellate jurisdiction. This refers to its authority to review decisions made by lower federal or state supreme courts.
The Supreme Court's appellate jurisdiction is outlined in Article III of the U.S. Constitution, which is further defined by federal statutes. This framework allows the Supreme Court to maintain a central role in shaping American law, providing a final and authoritative interpretation of the Constitution and statutory laws within the federal judiciary system.
Most cases come to the Supreme Court on appeal, meaning the case has already been heard in a lower court. The Supreme Court reviews the previous decision and can choose which cases to hear. The Court focuses on cases that have national importance, broad legal implications, and those in which lower courts have interpreted federal law differently.
A state case can typically reach the U.S. Supreme Court through a process that involves appeals through the state's court system and potentially to the federal court system. A case usually starts in the lower state courts (trial courts), where a judge hears and decides on a case for the first time. If one of the parties involved in the case is unsatisfied with the decision, they can appeal to a higher state court, such as a state appellate court or the state supreme court.
The Supreme Court has original jurisdiction (the authority to hear a case for the first time) in specific cases, such as those involving disputes between different states or diplomats from foreign countries. In most other cases, the Court has appellate jurisdiction, meaning it can hear the case on appeal. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case on appeal.
Iraq's Constitution: Separate Electorates or Unified Voting?
You may want to see also
Frequently asked questions
The Supreme Court is the highest court in the US, established by Article III, Section I of the US Constitution. It is the court of last resort for those seeking justice.
The Supreme Court has the power to declare a Legislative or Executive act in violation of the Constitution. It also has the final say on when a Constitutional right is violated. The Court can hear cases involving issues of federal law, cases where parties are citizens of different states, and lawsuits between state governments.
While Congress has the ability to regulate and make exceptions to federal courts' jurisdiction, it cannot remove the Supreme Court's ability to hear cases. Such a move would wipe out the separation of powers. However, Congress can limit the Court's power by reducing its ability to review certain cases, known as "jurisdiction stripping".
Yes, Congress can alter the number of justices in the Supreme Court. The Court's membership has fluctuated throughout history, from a low of five to a high of 10. Today, there is one Chief Justice and eight Associate Justices.
