The Supreme Court's Constitution: Interpreting Our Founding Document

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Article III of the Constitution establishes the federal judiciary, with Article III, Section I 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. The Constitution permits Congress to decide how to organize the Supreme Court, and in 1789, the Judiciary Act established a Supreme Court with six justices. The Supreme Court plays a crucial role in ensuring that each branch of the government recognizes its power limits and protects civil rights and liberties by striking down laws that violate the Constitution.

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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. It has ultimate appellate jurisdiction over all U.S. federal court cases and state court cases that involve questions of U.S. constitutional or federal law.

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."

The Constitution permits Congress to decide how to organise the Supreme Court. In 1789, Congress first exercised this power in the Judiciary Act, which created a Supreme Court with six justices and established the lower federal court system.

The Supreme Court has the power of judicial review, which it asserted in 1803 through the landmark case of Marbury v. Madison. Judicial review is the ability to invalidate a statute for violating a provision of the Constitution. This power extends to striking down presidential directives that violate the Constitution or statutory law.

The Supreme Court also has original jurisdiction over a narrow range of cases, including:

• All cases affecting ambassadors, other public ministers, and consuls
• Cases in which a state is a party

In addition to its judicial review power, the Supreme Court plays a crucial role in ensuring that each branch of the government recognises its limits. It protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic governments, preventing them from passing laws that harm or take advantage of unpopular minorities.

The Supreme Court has faced criticism for allowing the federal government to interfere with state authority. For example, the Court has been accused of misusing the Commerce Clause by upholding legislation that has little to do with interstate commerce and voiding state legislation on similar grounds.

The Supreme Court's role in protecting civil rights and liberties

The Supreme Court plays a crucial role in protecting civil rights and liberties in the United States. Firstly, as the highest court in the land, it serves as the court of last resort for those seeking justice. This means that individuals who have exhausted all other legal avenues can still appeal to the Supreme Court for redress if they believe their constitutional rights have been violated.

Secondly, the Supreme Court has the power of judicial review, which allows it to strike down laws, including Acts of Congress and state laws, that violate the Constitution. This power was asserted in the landmark case of Marbury v. Madison in 1803, where the Court established that it could invalidate a statute for violating a provision of the Constitution. For example, in DeFunis v. Odegaard (1974), the Court dismissed a lawsuit challenging the constitutionality of a law school affirmative action policy because the plaintiff had graduated, and a decision would not redress any injury suffered. However, the Court has also recognised exceptions, addressing issues that are "capable of repetition yet evading review".

The Supreme Court also ensures that each branch of the government respects the limits of its power and does not exceed its authority. This includes the power to strike down presidential directives that violate the Constitution or statutory law. Additionally, the Court sets limits on democratic government by preventing the majority from passing laws that harm or take advantage of unpopular minorities.

Furthermore, the Supreme Court interprets and applies the Constitution to contemporary issues, providing clarity and guidance on the protection of civil rights and liberties. The Court's rulings on Constitutional amendments have expanded the reach of these amendments to the states, ensuring that Constitutional rights are protected at both the federal and state levels.

While the Supreme Court has been criticised for allegedly giving too much power to the federal government to interfere with state authority, it nevertheless plays a vital role in safeguarding civil rights and liberties and ensuring that the government operates within the framework established by the Constitution.

The Supreme Court's original and appellate jurisdiction

Article III of the US 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." This article gives the Supreme Court the highest authority in the judicial branch, with its jurisdiction being original or appellate.

The Supreme Court's original jurisdiction allows it to hear specific cases for the first time without them passing through lower courts. These cases include disputes between different states, those involving foreign diplomats, and criminal cases. For instance, in United States v. Shipp (1906), a criminal complaint was filed directly with the court following the lynching of a defendant. However, original jurisdiction cases are rare, with only around one or two such cases per term.

The Supreme Court's appellate jurisdiction allows it to review decisions made by lower federal or state supreme courts. Most cases come to the Supreme Court on appeal, and it can choose which cases to hear, focusing on those with national importance. This ensures a unified interpretation of constitutional and federal legal principles across the United States. The Court primarily exercises this power through writs of certiorari, reviewing cases with significant legal or constitutional questions.

The Supreme Court's appellate jurisdiction also extends to cases involving state court decisions that turn on questions of US constitutional or federal law. This power of judicial review, asserted in 1803 through the landmark case of Marbury v. Madison, allows the Court to invalidate statutes, presidential directives, or state laws that violate the Constitution. This authority ensures that each branch of government recognises its limits and protects civil rights and liberties.

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The Supreme Court's authority to strike down state laws violating the Constitution

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 turn on questions of U.S. constitutional or federal law. The Supreme Court's original jurisdiction generally applies to cases involving disputes between two or more U.S. states and disputes involving representatives of foreign nations.

While the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. The Judiciary Act of 1789, passed by Congress, created a Supreme Court with six justices and established the lower federal court system. The Supreme Court's authority to strike down state laws violating the Constitution was further solidified in subsequent cases after Marbury vs. Madison.

The Supreme Court plays a crucial role in protecting minority populations and preserving fundamental American values. It ensures that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities. The Court's decisions have a profound impact on society, with landmark cases such as Tinker vs. Des Moines Independent School District (1969), which held that students could not be punished for wearing black armbands to school to protest the Vietnam War.

The Supreme Court's independence from the President and Congress

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 plays a crucial role in ensuring that each branch of the government recognises the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution.

Article III of the Constitution establishes the federal judiciary. Article III, Section I 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." While the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices.

The Supreme Court's power of judicial review, established in the case of Marbury v. Madison (1803), is another crucial aspect of its independence. The Court asserted its authority to declare a Legislative or Executive act in violation of the Constitution, even though this power is not explicitly mentioned in the Constitution itself. This power allows the Court to strike down acts of Congress, state laws, and presidential directives that contravene the Constitution, ensuring that the Court can act as a check on the powers of the legislative and executive branches.

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