Supreme Court's Power: Amending The Constitution

The Supreme Court's power to amend the Constitution is not explicitly stated in the Constitution. However, the Court established its authority to review and interpret the Constitution in the case of Marbury v. Madison in 1803. This power of judicial review allows the Court to declare a Legislative or Executive act unconstitutional. The Constitution establishes the Supreme Court in Article III, Section I, which 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 gives Congress the power to organise the Court, it does not have the authority to overturn any primary legislation made by Congress. The process of amending the Constitution is outlined in Article V, which specifies that amendments can be proposed by Congress or by a constitutional convention called for by two-thirds of the State legislatures.

Explore related products

To Trust the People with Arms: The Supreme Court and the Second Amendment

$45.18 $59.99

Ultimate Supreme Court Legal Reference: Straightforward Case Explanations for Law Enforcement (Search & Seizure Survival Guides)

$39.99

Essential Supreme Court Decisions: Summaries of Leading Cases in U.S. Constitutional Law, Seventeenth Edition

$34.63 $44

First Amendment: Historic Supreme Court Decisions (LandMark Case Law)

$7.99

Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of Constitutional Democracy

$16.06 $59.99

Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

$27.25 $35

The Supreme Court's power to declare acts in violation of the Constitution

The Court's ability to exercise judicial review has had a significant impact on the country's legal landscape. It has the final say on whether a right is protected by the Constitution or when a Constitutional right has been violated. This power extends to both federal laws and state laws, ensuring that they adhere to the Constitution.

One notable example of the Supreme Court's judicial review is the case of United States v. Klein (1872). The Court held that a provision making Presidential pardons inadmissible in evidence in the Court of Claims interfered with the judicial power under Article III, Section 1, and the pardoning power under Article II, Section 2, Clause 1. This ruling demonstrated the Supreme Court's authority to strike down acts that were deemed to be in violation of the Constitution.

Another instance where the Supreme Court exercised its judicial review was in the case of Muskrat v. United States (1911). The Court ruled that provisions authorizing certain Indians to institute suits in the Court of Claims to determine the validity of acts of Congress passed since 1902 were an attempt to enlarge the judicial power restricted by Article III, Section 2. This case further highlighted the Supreme Court's role in interpreting and enforcing the Constitution's limitations on legislative power.

The Supreme Court's power of judicial review is an essential check and balance in the constitutional system of government. It ensures that the actions of the legislative and executive branches are in line with the Constitution, protecting the rights and freedoms it guarantees.

The Supreme Court's jurisdiction

The jurisdiction of the Supreme Court is established by Article III, Section II of the US Constitution. The Court has original jurisdiction over certain cases, such as suits between two or more states, or cases involving ambassadors and other public ministers. This means that these cases are tried before the Court for the first time, rather than being heard on appeal.

The Court also has original jurisdiction to issue writs of mandamus—legal orders compelling government officials to act in accordance with the law. This power was established in the Judiciary Act of 1789, which also created a Supreme Court with six justices and established the lower federal court system.

The Supreme Court has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. This means that the Court can hear these cases on appeal. Examples include 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 specific situations.

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. However, the Court established this doctrine in the case of Marbury v. Madison in 1803.

It is important to note that the Supreme Court's jurisdiction and powers can be influenced by various Acts of Congress, which have altered the number of seats on the Court over the years. Additionally, in some countries with uncodified constitutions, such as the United Kingdom, the Supreme Court's powers of judicial review may be limited, as it cannot overturn primary legislation made by Parliament.

The Supreme Court's ability to amend the Constitution

While the Constitution itself does not explicitly grant the Supreme Court the power to amend it, the Court has established the doctrine of judicial review, which allows it to interpret and apply the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803, where the Court held that an Act of Congress contrary to the Constitution could not stand. This means that the Supreme Court can declare a Legislative or Executive act unconstitutional if it violates the Constitution.

The Supreme Court's interpretation of the Constitution through judicial review can effectively amend how the Constitution is understood and applied. For example, in the case of Marbury v. Madison, the Court interpreted the Constitution as the supreme law of the land, taking precedence over any conflicting Acts of Congress. This interpretation established the principle of judicial review and the supremacy of the Constitution.

In addition to interpreting the Constitution, the Supreme Court has also played a role in proposing and ratifying formal amendments. The Court's decisions can influence public opinion and shape the understanding of constitutional principles, which can lead to calls for formal amendments. However, it is important to note that the power to propose and ratify amendments lies primarily with Congress and the states, respectively.

While the Supreme Court has significant influence over how the Constitution is interpreted and applied, its power to directly amend the Constitution is limited. The Court's nine justices can only decide on the cases that come before them and interpret the Constitution within the context of those cases. Any changes to the text of the Constitution itself would require a formal amendment process, which involves proposals by Congress or constitutional conventions and ratification by a certain number of states.

In conclusion, while the Supreme Court does not have the explicit power to amend the Constitution, its ability to engage in judicial review and interpret the Constitution allows it to shape the understanding and application of constitutional principles. This indirect ability to amend the Constitution is a crucial aspect of the Supreme Court's role in the US legal system.

Explore related products

TikTok v. Garland: Banning TikTok (The Core Cases)

$5.99

The Fourteenth Amendment: Historic Supreme Court Decisions (LandMark Case Law)

$9.99

The Supreme Court and the Fourth Amendment's Exclusionary Rule

$94.49 $190

A First Amendment Profile of the Supreme Court

$15.03 $52.99

Nevada Supreme Court Rules: Including 2016 Amendments (Nevada Court Rules)

$21.95 $21.95

Understanding Supreme Court Opinions

$244.73 $94.99

The Supreme Court's role in the constitutional amendment process

The Supreme Court plays a significant role in the constitutional amendment process, primarily through its power of judicial review. This power, established in the case of Marbury v. Madison in 1803, allows the Court to declare a Legislative or Executive act unconstitutional. While the Supreme Court cannot directly amend the Constitution, it interprets the law and ensures that any amendments are consistent with the Constitution's principles and values.

Article III, Section I of the Constitution, also known as the Judiciary Act of 1789, establishes the federal judiciary and the Supreme Court's role within it. This section vests the "judicial Power of the United States" in the Supreme Court and permits Congress to decide how to organize the judiciary. Over time, Congress has altered the number of seats on the Supreme Court, ranging from five to ten justices. Today, the Court consists of one Chief Justice and eight Associate Justices.

The Supreme Court's jurisdiction, or its legal ability to hear a case, is outlined in Article III, Section II of the Constitution. The Court has original jurisdiction over specific cases, such as disputes between states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear appeals on cases involving constitutional or federal law. This includes cases where the United States is a party, those involving treaties, and admiralty cases.

While the Supreme Court interprets the Constitution and ensures its principles are upheld, the process of amending the Constitution is primarily driven by Congress and the states. According to Article V of the Constitution, an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention called for by two-thirds of the State legislatures can propose an amendment. Once an amendment is proposed, it must be ratified by three-quarters of the States (38 out of 50) to become part of the Constitution.

The Supreme Court's power to review and overturn legislation

The power of the Supreme Court to review and overturn legislation is known as judicial review. This power is not explicitly mentioned in the US Constitution but was established in the case of Marbury v. Madison in 1803. The Court ruled that an Act of Congress that goes against the Constitution cannot stand, as the Constitution is the supreme law of the land. This means that the Supreme Court can declare a Legislative or Executive act unconstitutional and therefore invalid.

The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost any other case that involves a point of constitutional or federal law. For example, cases where the United States is a party, cases involving treaties, and 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 instances.

While Congress cannot directly overturn a Supreme Court decision, it can respond by passing new legislation or amending existing laws, as long as these changes are constitutional. Congress can also propose amendments to the Constitution to overturn judicial interpretations, but this requires approval by two-thirds of both houses and ratification by three-fourths of the states.

Frequently asked questions