Isabella Carter
The Supreme Court plays a vital role in defending the Constitution and ensuring the recognition of each branch of government's limitations. Article III of the Constitution establishes the federal judiciary, with the Supreme Court at its apex, and Article III, Section II outlines its jurisdiction. The Court's most renowned power is judicial review, or its ability to declare acts in violation of the Constitution. This power was established in the Marbury v. Madison case in 1803, where the Court decided that an Act of Congress contrary to the Constitution could not stand. The Supreme Court has also ruled on cases involving the rights of students, same-sex marriage, and Guantanamo Bay detainees, shaping social change and upholding constitutional rights.
| Characteristics | Values |
|---|---|
| Established by | Article III of the Constitution |
| Number of justices | 9 (1 Chief Justice and 8 Associate Justices) |
| 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 | |
| Ability to issue writs of mandamus | |
| Role | Ensures each branch of government recognizes the limits of its power |
| Court of last resort for those seeking justice | |
| Notable cases | Marbury v. Madison (1803) |
| Obergefell v. Hodges (same-sex marriage) | |
| Tinker v. Des Moines Independent Community School District (free expression in schools) | |
| Rasul v. Bush (detainees' statutory right to challenge their detention in U.S. courts) |
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What You'll Learn
The Supreme Court has original and appellate jurisdiction
Article III, Section I of the US Constitution establishes the federal judiciary, with the Supreme Court at its apex. Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, which has original and appellate jurisdiction. The Supreme Court's original jurisdiction allows it to preside over certain cases, such as suits between states or cases involving ambassadors and other public ministers. The Court's appellate jurisdiction, on the other hand, enables it to hear appeals in a wide range of cases involving constitutional or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases.
The Supreme Court's ability to exercise original and appellate jurisdiction is significant in upholding the Constitution. Through its original jurisdiction, the Court can directly address disputes between states or issues involving international representatives, ensuring that these matters are resolved in accordance with the Constitution. For instance, in the case of Marbury v. Madison (1803), the Supreme Court established its power of judicial review, asserting that an Act of Congress contrary to the Constitution is invalid. This power allows the Court to strike down any legislative or executive act that violates the Constitution.
The Court's appellate jurisdiction further strengthens its role in defending the Constitution. The Court can review cases involving constitutional or federal law, ensuring that the rights guaranteed by the Constitution are upheld. For example, in Obergefell v. Hodges, the Supreme Court ruled that state bans on same-sex marriage were unconstitutional, citing the 14th Amendment's Equal Protection and Due Process Clauses. This decision legalized same-sex marriage nationwide, demonstrating the Court's power to interpret and apply constitutional principles to protect individual rights.
Additionally, the Supreme Court's appellate jurisdiction extends to cases involving statutory rights and the Geneva Conventions. In Rasul v. Bush, the Court ruled that detainees at Guantanamo Bay had the right to challenge their detention in US courts, regardless of their citizenship. This ruling affirmed the Court's commitment to upholding legal rights and ensuring that government actions, including those related to national security, comply with constitutional and international legal frameworks.
The Supreme Court's original and appellate jurisdiction, as provided by Article III of the Constitution, empowers the Court to interpret and enforce the nation's laws and safeguard the rights enshrined in the Constitution. By hearing cases directly through its original jurisdiction and reviewing lower court decisions through its appellate jurisdiction, the Supreme Court acts as a critical defender of constitutional principles, ensuring that the legislative, executive, and judicial branches operate within their defined powers and that the rights of individuals and states are protected.
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The Court can strike down state laws that violate the Constitution
The Supreme Court is the highest court in the United States, with one Chief Justice and eight Associate Justices. The Court was established by Article III of the Constitution, which vests the United States' judicial power in a "supreme Court".
The Supreme Court has the power to strike down state laws that violate the Constitution. This power of judicial review is the Court's best-known power, although it is not explicitly mentioned in the Constitution. The Court established this power in the case of Marbury v. Madison (1803). In this case, the Court decided that an Act of Congress could not stand if it was contrary to the Constitution, which is established as the supreme law of the land.
Since Marbury v. Madison, the Court has used its power of judicial review to strike down state laws that violate the Constitution. For example, in Oklahoma Gin Co. v. Oklahoma (1920), the Court found that an Oklahoma law limiting rates for laundries violated due process. In another case, United States v. Peters (1809), the Court found that a Pennsylvania statute prohibiting the execution of any process issued to enforce a federal court sentence was without legal foundation.
The Supreme Court's power to strike down state laws that violate the Constitution is an important part of the United States' constitutional system of government. It ensures that each branch of government recognizes the limits of its own power and protects civil rights and liberties. The Court has the final say on when a Constitutional right is violated and acts as a court of last resort for those seeking justice.
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The Court's power of judicial review
The Supreme Court is established by Article III of the US Constitution, which also vests "all" federal judicial power in the Supreme Court and other federal courts established by Congress. Article III, Section II establishes the Supreme Court's jurisdiction, or legal ability to hear a case. The Court has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost any other case involving a point of constitutional or federal law.
In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution. Before the Fourteenth Amendment (1869), the Bill of Rights only applied to the federal government. After its passage, the Supreme Court ruled that most of its provisions were also applicable to the states. Therefore, the Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
The power of judicial review is also exercised by courts in other countries, such as Austria, Germany, South Korea, and Spain, but the specifics differ. For example, in the US, all courts can entertain claims of unconstitutionality, while in France, only a specialized constitutional court can hear such claims. The adoption of judicial review in other countries was influenced by US constitutional ideas, particularly the idea of checks and balances as an essential element of democratic government.
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The Supreme Court's rulings on civil rights, women's rights, and gay rights
The US Supreme Court has played a significant role in shaping civil rights, women's rights, and gay rights through its rulings. Here are some notable examples:
Civil Rights Rulings
- Mapp v. Ohio (1961): The Supreme Court ruled that illegally obtained evidence cannot be used in a criminal trial, upholding the Fourth Amendment right against unreasonable searches and seizures.
- Miranda v. Arizona (1966): The Court held that police must inform suspects of their Miranda rights, including the right to remain silent and the right to an attorney, before custodial interrogation.
- Goss v. Lopez (1975): The Court ruled that students are entitled to due process rights, including fair disciplinary procedures, before being deprived of their education.
- Grutter v. Bollinger (2003): The Supreme Court recognised that colleges and universities have a legitimate interest in promoting diversity among their student bodies.
Women's Rights Rulings
- Roe v. Wade (1973): In a landmark decision, the Court ruled that a woman's right to abortion is protected under the constitutional right to privacy.
- Cleveland Board of Education v. LaFleur (1974): The Court found that mandatory maternity leave policies for pregnant teachers in Ohio public schools violated constitutional guarantees of due process.
- Meritor Savings Bank v. Vinson (1986): The Court recognised that sexual harassment creating a "hostile environment" constitutes sex discrimination under Title VII of the Civil Rights Act of 1964.
- Johnson v. Transportation Agency (1987): This case affirmed that an employee's sex can be considered as one factor in promotion decisions, provided there are legitimate justifications.
Gay Rights Rulings
- Bowers v. Hardwick (1986): The Court ruled that a Georgia statute criminalising same-sex sodomy did not violate the Constitution, a decision that was later criticised and overturned by the Lawrence v. Texas case in 2003.
- Romer v. Evans (1996): The Supreme Court struck down a Colorado constitutional amendment that prevented legislative, executive, or judicial action to protect LGBTQ+ individuals from discrimination based on their sexual orientation.
- Obergefell v. Hodges (2015): In a landmark ruling, the Court held that same-sex couples have a fundamental right to marry under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. This decision legalised same-sex marriage nationwide.
- Bostock v. Clayton County (2020): The Court ruled that discrimination against individuals because of their sexual orientation or gender identity constitutes sex discrimination under Title VII of the Civil Rights Act of 1964.
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The Court's rulings on Guantanamo Bay detainees' rights
The Supreme Court's rulings on Guantanamo Bay detainees' rights have had a significant impact on the interpretation and defence of the US Constitution, particularly in the context of the post-9/11 "War on Terror" following the September 11, 2001 attacks.
One of the landmark cases is Rasul v. Bush (2004), which challenged an earlier precedent set in Johnson v. Eisentrager. The Court determined that it had jurisdiction over Guantanamo and that detainees had the right to an impartial tribunal to challenge their detention under habeas corpus. This right, known as habeas corpus, provides a check against executive power and prevents indefinite detention without trial.
Another significant case is Boumediene v. Bush (2008), which further emphasised the importance of habeas corpus in safeguarding individual rights. The Court ruled that Guantanamo detainees could petition for a writ of habeas corpus in US courts and that the judicial branch, not the Executive, has the final say on unlawful detentions. This decision was based on the US Constitution and firmly rejected the Bush administration's view of Guantanamo as a "law-free zone".
In Hamdi v. Rumsfeld (2004), the Court ruled that US citizens detained as suspected enemy combatants had the right to habeas corpus challenges of their detention. This case, along with Rasul v. Bush, Hamdan v. Rumsfeld (2006), and Boumediene v. Bush, underscored the importance of due process and judicial oversight in protecting individual rights, even in matters of national security.
The Supreme Court's rulings on Guantanamo Bay detainees' rights have had far-reaching consequences, challenging the Bush administration's detention policies and practices during the "War on Terror". These rulings have affirmed the role of habeas corpus as a safeguard against government overreach and the importance of judicial oversight in protecting the constitutional rights of detainees, even in extraordinary times.
In a separate but related development, a US federal judge in 2025 limited the Trump administration's ability to swiftly deport migrants held at Guantanamo Bay. The judge ordered that migrants must be given a chance to raise concerns about their safety before being deported to countries other than their places of origin. This decision was made to ensure due process and prevent the Department of Homeland Security from using Guantanamo Bay for third-country deportations without legal procedure.
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Frequently asked questions
The Supreme Court defends the Constitution by interpreting the law of the land and ensuring that the limits of governmental powers are respected. The Court has the power of judicial review, which allows it to declare acts of Congress or the Executive Branch unconstitutional.
The Supreme Court has original jurisdiction over certain cases, such as those involving multiple states or ambassadors. It also has appellate jurisdiction, allowing it to hear appeals on almost any case involving constitutional or federal law.
The Supreme Court has played a significant role in advancing civil liberties and social change. For example, in the 1950s and 1960s, the Court helped drive progress in civil rights, women's rights, and gay rights. The Court has also protected the rights of criminal defendants, protesters, and the freedom of speech and expression in schools.
Yes, the Supreme Court has the authority to strike down state laws found to be in violation of the Constitution. This power was established through the Fourteenth Amendment, which applied the Bill of Rights to the states, not just the federal government.
