Isabella Carter
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. The Constitution establishes the Supreme Court and permits Congress to decide how to organise it. The Supreme Court has the power of judicial review, which allows it 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 and plays a crucial role in ensuring that each branch of government recognises the limits of its power. The Supreme Court has a significant impact on social justice, influencing individual rights and civil liberties. However, some critics argue that the Court has excessive power and engages in judicial coups.
| Characteristics | Values |
|---|---|
| Highest court in the federal judiciary of the United States | Supreme Court |
| Ultimate appellate jurisdiction over all U.S. federal court cases | Supreme Court |
| Jurisdiction over state court cases that turn on questions of U.S. constitutional or federal law | Supreme Court |
| Original jurisdiction over cases involving ambassadors, public ministers, and consuls, and those in which a state is a party | Supreme Court |
| Power to declare a Legislative or Executive act in violation of the Constitution | Supreme Court |
| Power to strike down state laws found to be in violation of the Constitution | Supreme Court |
| Jurisdiction over cases involving Treaties | Supreme Court |
| Jurisdiction over cases involving ships on the high seas and navigable waterways (admiralty cases) | Supreme Court |
| Jurisdiction over cases where the United States is a party | Supreme Court |
| Discretion to decide whether to hear a case when exercising its appellate jurisdiction | Supreme Court |
| Established by Article III of the Constitution | Supreme Court |
| Permits Congress to decide how to organize it | Supreme Court |
| Fixed number of nine seats on the Court, including one Chief Justice and eight Associate Justices | Supreme Court |
Explore related products
What You'll Learn
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. The Constitution establishes the Supreme Court in Article III, Section I, 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."
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices. The Act also established the lower federal court system.
The power of judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is the Court's best-known power. This power is not explicitly mentioned in the Constitution. The Court established this power in the landmark case of Marbury v. Madison in 1803. In this case, the Court decided that an Act of Congress that is contrary to the Constitution is invalid.
The Court has also established its authority to strike down state laws found to be in violation of the Constitution. After the passage of the Fourteenth Amendment in 1869, the Supreme Court ruled that most of the provisions of the Bill of Rights were applicable to the states as well. This means that the Court has the final say on when a Constitutional right is violated.
The Supreme Court plays a crucial role in ensuring that each branch of government recognizes its own limits. However, it is essential to note that the Supreme Court is also subject to checks and balances. These restrictions are outlined in the Constitution and can be enforced by elected branches.
The Supreme Court has been criticised for having excessive power and taking away rights. For example, in June 2022, the Court's decision in Dobbs v. Jackson Women's Health Organization eliminated the constitutional right to abortion.
Understanding the Preamble: Defining Its Purpose and Importance
You may want to see also
The Supreme Court's jurisdiction
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Its jurisdiction is established by Article III, Section II of the Constitution.
The Court has original jurisdiction over a narrow range of cases, including suits between two or more states, cases involving ambassadors, other public ministers, and consuls, and those in which a state is a party. This means that these cases are tried directly before the Court without being first heard in a lower court.
The Court also has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. This includes 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 has the discretion to decide whether or not to hear a case, except in a few situations.
The Supreme Court's power of judicial review, established in the case of Marbury v. Madison (1803), allows it to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but has been established through precedent. The Court has also asserted its authority to strike down state laws found to be in violation of the Constitution, ensuring that each branch of government recognizes its limits.
While the Supreme Court wields significant power, it is subject to checks and balances. The Constitution grants Congress the power to check the Court and influence its organisation. Over time, various Acts of Congress have altered the number of seats on the Supreme Court, demonstrating the legislative branch's ability to impact the Court's composition.
France's 1801 Constitution: Approved or Not?
You may want to see also
Congress' power to check the Court
The Supreme Court is established by Article III of the Constitution, which also permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
Congress has the power to limit or reduce the Supreme Court's jurisdiction through jurisdiction stripping. This is achieved by determining the jurisdiction of federal courts and excluding or removing federal cases from state courts. Congress can also create federal courts inferior to the Supreme Court, such as Courts of Appeals and District Courts, and define their jurisdiction.
The Supreme Court's appellate jurisdiction is also subject to regulation by Congress, as stated in Article III, § 2, cl. 2. This power has been used to prevent decisions that might adversely affect congressional action. For example, in Ex parte McCardle, Congress enacted a provision repealing the act that authorized an appeal, leading the Court to dismiss for want of jurisdiction.
While the Supreme Court has the power of judicial review, or the ability to declare acts in violation of the Constitution, this power is not explicitly mentioned in the Constitution. The Court established this power in Marbury v. Madison (1803), where it decided that an Act of Congress contrary to the Constitution could not stand.
Congress has the authority to alter the number of seats on the Supreme Court, which has varied from five to ten justices over the years. However, the Court's original jurisdiction, as defined in the Constitution, cannot be stripped by Congress. This includes cases involving ambassadors, public ministers, and consuls, as well as those in which a state is a party.
PRC Constitution: China's Historical Interpretation
You may want to see also
Explore related products
The Supreme Court's influence on individual rights
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve questions of U.S. constitutional or federal law. The Supreme Court's power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution, is not explicitly mentioned in the Constitution but was established in the case of Marbury v. Madison (1803). This power allows the Court to strike down presidential directives and state laws found to be in violation of the Constitution.
However, the Court has also been criticised for taking away rights, as seen in the 2022 decision in Dobbs v. Jackson Women's Health Organization, which eliminated the constitutional right to abortion. The Court's rulings can have a profound impact on the lives of individuals, and its decisions are often subject to public scrutiny and debate.
The Supreme Court plays a crucial role in interpreting the Constitution and determining when a right is protected by it or when a Constitutional right has been violated. This power gives the Court significant influence over individual rights and liberties. The Court's interpretations of the Constitution can shape the understanding of Constitutional rights and set precedents for future cases.
While the Supreme Court has broad powers, it is subject to checks and balances. The Constitution grants Congress the power to check the Court, and Congress can respond to the Court's actions. Additionally, the Court's decisions can be influenced by political and social factors, and its rulings may reflect the ideological leanings of its justices.
Who's in the White House? Presidential Administration Explained
You may want to see also
The Supreme Court's role in the US Constitution
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It plays a crucial role in interpreting and safeguarding the US Constitution. The Court's powers are outlined in Article III of the Constitution, which establishes the federal judiciary and vests the Supreme Court with the "judicial power" of the nation.
The Court's most well-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power, established in the landmark case of Marbury v. Madison in 1803, allows the Court to invalidate statutes, presidential directives, and state laws that contravene constitutional provisions. This authority ensures that each branch of government respects the limits of its power.
The Supreme Court has original jurisdiction over a narrow range of cases, including those involving foreign diplomats, public ministers, and consuls, as well as cases in which a state is a party. It also has appellate jurisdiction over almost all other cases that involve a point of constitutional or federal law. This means the Court can hear appeals from lower courts in most instances, though it has the discretion to decide whether to do so.
The number of seats on the Supreme Court has varied over time, ranging from five to ten justices. Today, there are nine justices: one Chief Justice and eight Associate Justices. The Court's decisions have had a profound impact on social justice in America, including the expansion of individual rights and civil liberties, and the protection of equal rights for LGBTQIA+ individuals.
However, the Court has also faced criticism for its expansive powers, with some arguing that it has taken power away from juries and that its decisions can lead to a ""judicial coup". Despite these concerns, the Supreme Court remains a vital component of the US constitutional system, serving as the court of last resort for those seeking justice.
Federalism: Constitution Reflects Principles of Shared Governance
You may want to see also
Frequently asked questions
The Supreme Court is the highest court in the federal judiciary of the United States. It has the power to hear cases that involve a point of constitutional law. The Court also has the authority to strike down state laws found to be in violation of the Constitution.
The Supreme Court has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. The Court can also strike down presidential directives for violating the Constitution.
The Supreme Court has ultimate appellate jurisdiction over all U.S. federal court cases. It also has original jurisdiction over a narrow range of cases, such as those involving foreign diplomats or cases between states.
The Supreme Court has overseen major social justice advances, such as the expansion of individual rights and civil liberties, and the protection of equal rights for LGBTQIA+ residents. However, the Court has also taken away rights, such as the constitutional right to abortion.
The Supreme Court is subject to checks and balances by the legislative and executive branches. Congress has the power to check the Court and can alter the number of seats on the Court.
