Malcolm Rivera
The US Constitution establishes the Supreme Court and permits Congress to decide how to organize it. The Judiciary Act of 1789 created a Supreme Court with six justices and established the lower federal court system. The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It plays a crucial role in the constitutional system of government, ensuring that each branch of government recognizes its limits and protecting civil rights and liberties by striking down laws that violate the Constitution. The Court's power of judicial review, established in Marbury v. Madison (1803), allows it to declare a Legislative or Executive act in violation of the Constitution. The Supreme Court interprets the Constitution and ensures that the changing views of the majority do not undermine fundamental values such as freedom of speech, freedom of religion, and due process of law.
| Characteristics | Values |
|---|---|
| Independence of the judiciary | The federal courts are an "intermediate body between the people and their legislature" to ensure that the people's representatives act within the authority given to Congress under the Constitution. |
| Tenure and removal | Judges should have tenure with good behaviour. Removal of judges is only possible through impeachment by the House of Representatives and conviction of "high crimes and misdemeanors". |
| Judicial review | The Supreme Court's best-known power is its ability to declare a Legislative or Executive act in violation of the Constitution. |
| Jurisdiction | The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors. It has appellate jurisdiction over almost any other case involving constitutional or federal law. |
| Number of justices | The number of justices has varied over the years, from a low of five to a high of 10. Today, there is one Chief Justice and eight Associate Justices. |
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What You'll Learn
The Supreme Court's role in the US Constitution
The Supreme Court is the highest court in the US and plays a crucial role in the country's constitutional system of government. One of its key powers is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution, but it has been used by the Court to shape the country's laws and policies.
The concept of judicial review was already in use at the time of the US Founding. For example, the Privy Council had employed a limited form of judicial review to scrutinise colonial legislation and its validity under the colonial charters. Early Supreme Court Justices also seemed to have assumed the existence of judicial review. In 1794, in United States v. Yale Todd, the Supreme Court reversed a pension that was awarded under a pension act, deciding that the act designating judges to decide pensions was not constitutional. This was the first time the Supreme Court found an act of Congress unconstitutional, although the case was not officially reported and did not set a precedent.
The Supreme Court formally embraced the doctrine of judicial review in the landmark case of Marbury v. Madison in 1803. In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Court held that an Act of Congress that is contrary to the Constitution could not stand. This case established the principle that the Supreme Court has the power to review and strike down acts of Congress that are inconsistent with the Constitution.
The power of judicial review has been a subject of debate, with critics arguing that it gives the courts too much power and allows them to impose their own views without adequate checks from other branches of government. However, supporters of judicial review argue that it is necessary to prevent laws that violate the Constitution from being made and enforced. Alexander Hamilton, for example, argued in favour of judicial review in the Federalist Papers, stating that the interpretation of the laws is the "proper and peculiar province of the courts".
The Supreme Court's power of judicial review has had a significant impact on American society. It plays an essential role in ensuring that each branch of government recognises the limits of its power and protects civil rights and liberties by striking down unconstitutional laws. The Court has used judicial review to define the scope of presidential powers and to set limits on democratic government, ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities.
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Judicial review and the Marbury v. Madison case
The Marbury v. Madison case of 1803 established the principle of judicial review, which is the power of the Supreme Court to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution.
The case was brought about when William Marbury, who had been issued a commission as a justice of the peace by outgoing President John Adams, sued James Madison, the new Secretary of State, for refusing to deliver it. Marbury's lawsuit asked the court to force Madison to deliver his commission.
Chief Justice John Marshall delivered the opinion of the Court, which ruled that Madison's refusal to deliver the commission was illegal. However, the Court also ruled that it could not grant Marbury his requested writ of mandamus, a type of court order commanding a government official to perform an act required by their official duties. The Court found that the Judiciary Act of 1789, which defined the Supreme Court's jurisdiction, had expanded the Court's jurisdiction beyond what was set out in the Constitution. This ruling established the right of the courts to determine the constitutionality of the actions of the other two branches of government, ensuring that each branch recognises the limits of its power.
The Marbury v. Madison case was significant as it completed the system of checks and balances, ensuring that the US government had a framework that included safeguards against the abuse of power. The case also demonstrated the importance of an independent judiciary, with justices appointed for life and protected from political pressures.
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The Judiciary Act of 1789
The Act provided a charter for the federal judicial system by specifying the jurisdiction and powers of the district and circuit courts, and the qualifications and authority of federal judges, district attorneys, court clerks, U.S. Marshals, and Deputy Marshals. The Act also created 13 judicial districts within the 11 states that had then ratified the Constitution, with each state comprising one district, except for Virginia and Massachusetts, which had two each.
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The independence of the judiciary
The US Constitution establishes the judiciary as a separate and co-equal branch of government, alongside the executive and legislative branches. Article III, Section I of the Constitution 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."
This article establishes the federal judiciary and permits Congress to decide how to organise it. The Judiciary Act of 1789, passed by Congress, created a Supreme Court with six justices and established the lower federal court system.
Secondly, the process for removing judges is carefully designed to protect their independence. The authors of the Constitution provided for the removal of judges only through impeachment by the House of Representatives and conviction of "high crimes and misdemeanors" in a trial conducted by the Senate. This provision addresses concerns about judges being vulnerable to political pressures.
Thirdly, the power of judicial review, established in the landmark case of Marbury v. Madison (1803), allows the Supreme Court to declare a Legislative or Executive act in violation of the Constitution. This power ensures that each branch of government recognises its own limits and upholds the fundamental values enshrined in the Constitution.
Alexander Hamilton, in Federalist #78, explained the need for an independent judiciary, noting that the federal courts were designed to be an "intermediate body" between the people and their legislature, ensuring that representatives act within the authority granted by the Constitution. The courts play a crucial role in maintaining the rule of law and protecting the rights of minority groups and minority opinions.
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The jurisdiction of the Supreme Court
The Supreme Court is the highest court in the land and serves as the court of last resort for those seeking justice. Its power of judicial review is considered one of its most important functions, as it allows the Court to ensure that each branch of government recognises the limits of its power and acts within the framework set by the Constitution. This power was first formally established in the landmark case of Marbury v. Madison in 1803, where the Court asserted its authority to invalidate legislation enacted by Congress if it was found to be unconstitutional.
The Court's jurisdiction extends to all cases in law and equity that arise under the Constitution, laws of the United States, and treaties made under their authority. It has original jurisdiction in cases affecting ambassadors, other public ministers, and consuls, as well as those in which a state is a party. In all other cases, the Court has appellate jurisdiction, with Congress determining the specific exceptions and regulations.
The concept of judicial review has been a subject of debate, with critics arguing that it gives the courts too much power and allows them to impose their own views without adequate checks from other branches of government. However, supporters of judicial review, including Alexander Hamilton and James Madison, argue that it is necessary to prevent laws that violate the Constitution from being made and enforced. They assert that the interpretation of the laws is the proper role of the courts and that the Constitution should take precedence over any conflicting statutes.
The Supreme Court's power of judicial review has had a significant impact on the US constitutional system of government, ensuring that the changing views of the majority do not undermine the fundamental values and civil liberties enshrined in the Constitution.
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Frequently asked questions
The Supreme Court is the highest court in the US and plays a crucial role in the constitutional system of government. It acts as the court of last resort for those seeking justice, and its power of judicial review ensures that each branch of government recognizes its limits. The Supreme Court also protects civil rights and liberties by striking down laws that violate the Constitution.
Article III, Section I of the US Constitution establishes the federal judiciary and outlines the jurisdiction of the Supreme Court. It 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 courts, particularly the Supreme Court, maintain the rule of law by hearing the grievances of minority groups and those with minority opinions. This ensures that the rights of minorities are not infringed upon by the majority and that the fundamental values of all Americans, such as freedom of speech and religion, are upheld.
