Simone Lawson
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, 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 establishes the existence of the Supreme Court, it does not outline the exact powers or prerogatives of the Court. Instead, it gives Congress the power to decide how to organize the Court. 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 power and prestige have evolved over time, with significant growth occurring during the Marshall Court era (1801-1835). The 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 has been asserted by the Court through landmark cases such as Marbury v. Madison. The Supreme Court plays a crucial role in ensuring that each branch of government recognises the limits of its power and protects civil rights and liberties by striking down laws that violate the Constitution.
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What You'll Learn
The Supreme Court's power of judicial review
Article III, Section I 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 provision grants Congress the authority to determine the organization and structure of the Supreme Court, which it first exercised through the Judiciary Act of 1789. This Act established a Supreme Court with six justices and created the lower federal court system.
The Supreme Court holds the power of judicial review, which is not explicitly mentioned in the Constitution but has been established through precedent. This power allows the Court to review and strike down legislative or executive acts that violate the Constitution, ensuring that each branch of government respects the limits of its authority. The Court's role in judicial review is crucial for safeguarding civil rights and liberties by invalidating laws that contravene constitutional principles.
The Supreme Court's jurisdiction encompasses both original and appellate cases. It has original jurisdiction over specific matters, such as disputes between states or cases involving ambassadors. In most other instances, the Court possesses appellate jurisdiction, enabling it to hear cases on appeal that involve constitutional or federal law. The Certiorari Act of 1925 further strengthened the Court's discretion in selecting which cases to review on appeal.
The Supreme Court's decisions carry significant weight in shaping society and safeguarding the fundamental values enshrined in the Constitution. By interpreting and applying the Constitution's provisions, the Court ensures that the majority's evolving views do not compromise freedoms of speech and religion and due process of law. The Court's power of judicial review serves as a crucial check and balance within the constitutional system of government, protecting the rights of all Americans.
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The Supreme Court's role in protecting civil rights and liberties
The Supreme Court is the highest court in the United States, and it plays a crucial role in protecting civil rights and liberties. The Court's power of judicial review allows it to strike down laws that violate the Constitution, thereby safeguarding the fundamental freedoms and rights of Americans.
One of the most significant ways the Supreme Court protects civil rights is through its decisions on cases involving constitutional issues. The Court has the authority to hear cases on appeal that involve points of constitutional law. This appellate jurisdiction allows the Court to review and decide on the constitutionality of laws and government actions. For example, in the Civil Rights Cases of 1883, the Supreme Court declared the 1875 Civil Rights Act unconstitutional, as it interpreted the Fourteenth Amendment's prohibitions as targeting states rather than private individuals and corporations.
The Supreme Court also has original jurisdiction in certain cases, such as those involving writs of mandamus, which are legal orders compelling government officials to act in accordance with the law. This power was established in the Judiciary Act of 1789. Additionally, the Court can decide whether to hear a case through a petition for a writ of certiorari, where a party requests the Court to review its case. The Court's discretion in choosing which cases to hear allows it to focus on matters of significant constitutional or federal law.
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The Supreme Court's ability to strike down presidential directives
The Supreme Court has the power to strike down presidential directives, and has done so on several occasions. For example, in 1935, the Supreme Court overturned five of Franklin D. Roosevelt's executive orders. In Ex parte Merryman (1861), the Supreme Court ruled against President Abraham Lincoln, holding that the power to suspend the writ of habeas corpus rested exclusively with Congress. In Youngstown Sheet & Tube Co. v. Sawyer (1952), the Supreme Court ruled against President Harry Truman, finding that he lacked the inherent constitutional powers to justify seizing control of the country's steel mills during the Korean War.
The Supreme Court can strike down presidential directives on the grounds that the president lacked the authority to issue them or that the order is unconstitutional. The Court has also engaged in "reasonableness review," considering whether executive actions limiting the rights to life, liberty, or property are reasonable.
While the Supreme Court has the power to strike down presidential directives, there have been instances where presidents have refused to comply with the Court's rulings. For example, in Worcester v. Georgia (1832), the Supreme Court ordered the release of a missionary living among the Cherokee Nation, but Georgia's governor refused to comply, and President Andrew Jackson supported the governor's decision.
In recent years, there have been concerns about the Supreme Court expanding presidential power. For example, in Trump v. U.S., the Court was criticised for granting the president immunity for official actions, potentially enabling abuses of power. In addition, the Court's ruling in Myers v. United States, which suggested that for-cause removal restrictions on the president's power to fire agency heads may be unconstitutional, has been interpreted as expanding presidential power.
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The Supreme Court's original jurisdiction
The Supreme Court is the highest court in the United States, and its original jurisdiction is outlined in Article III, Section 2 of the US Constitution. This jurisdiction grants the Supreme Court the authority to preside over specific cases, including those affecting ambassadors, other public ministers and consuls, and those in which a state is a party. This means that these cases can be heard by the Supreme Court directly, without first being considered by a lower court.
The Judiciary Act of 1789, enacted by Congress, further established the Supreme Court's original jurisdiction, creating a Supreme Court with six justices and outlining the lower federal court system. This Act also granted the Supreme Court original jurisdiction to issue writs of mandamus, which are legal orders compelling government officials to act in accordance with the law.
However, it's important to note that the Supreme Court's original jurisdiction is not always exclusive. In some cases, lower federal courts may also have concurrent jurisdiction, allowing cases to be filed directly in the Supreme Court or in a lower federal court. The Supreme Court's original jurisdiction has been clarified and refined through various court cases over the years, including Chisholm v. Georgia, Marbury v. Madison, and United States v. Shipp.
The Supreme Court plays a crucial role in the constitutional system of government. It serves as the final arbiter of justice, ensuring that each branch of government respects its limits and protecting civil rights and liberties by striking down laws that violate the Constitution. The Court's decisions have a significant impact on society, shaping the interpretation and application of the Constitution.
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The Supreme Court's appellate jurisdiction
The Supreme Court is the highest court in the United States, established by Article III of the Constitution, which also 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."
The Certiorari Act of 1925 gives the Court this discretion, allowing it to decide whether or not to review a case when petitioned. In contrast, the Court is required to exercise jurisdiction over cases properly before it on direct appeal. Most Supreme Court cases fall within its appellate jurisdiction rather than its original jurisdiction.
The early Court emphasised the mandatory nature of appellate review. Chief Justice John Marshall first implied that the Court is obligated to take and decide cases that meet jurisdictional standards in Marbury v. Madison (1803). He explained this in greater detail in Cohens v. Virginia, stating that the Court has "no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given."
The broad grant of appellate jurisdiction in the 1789 Act, along with the Supreme Court's determination that exercising this jurisdiction was mandatory, led to an overcrowded docket.
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Frequently asked questions
Article III of the Constitution establishes the federal judiciary and 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 Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. It also has appellate jurisdiction, which means it can hear cases on appeal that involve constitutional or federal law.
There are nine judges in total: one Chief Justice and eight Associate Justices.
The President nominates the judges, and the Senate confirms them.
The Supreme Court was established in 1789, four years after the end of the American Revolutionary War, to provide a national judiciary as a third branch of the federal government.
