Interpreting The Constitution: The Judicial Branch's Role

The Judicial Branch of the United States was established in 1787 with the drafting of the Constitution. Article III of the Constitution created the judicial branch, with the primary purpose of ensuring a balanced government and a fair system of justice. The Supreme Court, established by the Constitution, has the power of judicial review, allowing it to interpret and decide if a law violates the Constitution. This power is not explicitly stated in the Constitution but was established in 1803 through the Marbury v. Madison ruling. The Supreme Court's ability to review and strike down laws that violate the Constitution serves as a check on the legislative and executive branches, ensuring that they do not exceed their authority. The Judicial Branch, through its interpretation of the Constitution, plays a crucial role in maintaining the balance of power among the different branches of government and protecting the rights of citizens.

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The Supreme Court's role in judicial review

The Supreme Court is the highest court in the United States, and its role in judicial review is significant. 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. However, it is inferred from the structure, provisions, and history of the Constitution, and the Court has exercised this power on numerous occasions.

The Supreme Court has original jurisdiction in cases that involve the interpretation of the Constitution, treaties, and federal laws. It also has appellate jurisdiction, where it can choose to hear cases on appeal that involve constitutional or federal law. The Certiorari Act of 1925 gives the Court the discretion to decide whether to hear a case. The Court receives thousands of petitions for a writ of certiorari each year but only agrees to hear a small fraction of them.

The Supreme Court's decisions in cases involving judicial review have had a significant impact on society. Between 1960 and 2019, the Court held 483 laws unconstitutional in whole or in part. By striking down laws that violate the Constitution, the Court protects civil rights and liberties and ensures that the majority's changing views do not undermine fundamental values such as freedom of speech, freedom of religion, and due process of law.

The judiciary's independence from politics

Article III of the Constitution establishes the judicial branch, vesting power in the Supreme Court and outlining the types of cases federal courts can hear. The Supreme Court is the highest court in the land and plays a crucial role in interpreting the Constitution. It decides arguments about the meaning of laws, their application, and whether they violate the Constitution. This power of judicial review allows the Supreme Court to strike down laws that are deemed unconstitutional, thereby providing checks and balances on the legislative and executive branches.

The independence of the judiciary is further protected by certain restrictions. For example, federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. These measures safeguard the judiciary from political influence and ensure its impartiality in interpreting and upholding the Constitution.

The number of seats on the Supreme Court has varied over time, ranging from five to ten justices. Since the Civil War, the Court has been fixed at nine justices, including one Chief Justice. The Chief Justice has additional duties, such as submitting a budget to the Legislature, which is appropriated by the state constitution. The Supreme Court's decisions have a significant impact on society, influencing not just legal professionals but also the broader public.

In summary, the judiciary's independence from politics is a fundamental aspect of the US constitutional system. The creation of the judicial branch, with the Supreme Court at its apex, ensures a balanced government that avoids tyranny and upholds justice. The Supreme Court's power of judicial review and its ability to strike down unconstitutional laws are key mechanisms for maintaining the separation of powers and protecting the rights and liberties of Americans.

The Constitution's checks and balances

The US Constitution divides the government into three branches: the legislative, the executive, and the judicial. This separation of powers is designed to ensure that no one branch becomes too powerful. This system of checks and balances allows each branch to hold the others accountable and prevent abuses of power.

The legislative branch makes laws, but the President in the executive branch can veto those laws. The legislative branch can override a presidential veto with a two-thirds majority, and Congress can impeach executive and judicial officials. The executive branch enforces federal laws through federal agencies, and the President can issue executive orders and enter into treaties. The judicial branch interprets laws and can declare them unconstitutional, which is known as judicial review.

The Supreme Court, established by the Constitution, is the highest court in the land and has the power of judicial review. It decides arguments about the meaning and application of laws and whether they violate the Constitution. This power is not explicitly granted in the Constitution but was established in the Marbury v. Madison case in 1803. The Supreme Court can also strike down state laws found to be unconstitutional and protect civil rights and liberties.

The President nominates Supreme Court justices, but the Senate must confirm these nominations. Congress can also establish rules for the conduct of federal courts and reverse Supreme Court decisions by initiating constitutional amendments. The number of seats on the Supreme Court has varied over time, but today there is one Chief Justice and eight Associate Justices.

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The Framers' intentions for a balanced government

The Framers of the American Constitution were visionaries who designed the Constitution to endure. They sought to address the specific challenges facing the nation during their lifetimes and to establish the foundational principles that would sustain and guide the new nation into an uncertain future. The Framers created a system known as federalism, which shares powers between state and national governments. The Constitution gave specific powers to the states and different powers to the national government, attempting to maintain a balance between them.

The Framers' Constitution recognizes that, in a self-governing society, courts must generally defer to the preferences of the majority. However, they understood that political majorities may be tempted to enact laws that entrench their authority. They also knew that, in times of crisis, people may panic and too readily sacrifice fundamental freedoms and structural limitations. Therefore, the Framers established the Supreme Court, which has the power of judicial review, playing an essential role in ensuring that each branch of government recognizes the limits of its power. The Supreme Court also protects civil rights and liberties by striking down laws that violate the Constitution.

The Framers' goal was to avoid tyranny, allow more participation in politics, and enable states to pass their own laws to test new ideas and programs. They wanted the states to remain powerful and not be controlled by an overpowering federal government. The benefits of federalism include allowing states some autonomy while still providing a strong and effective national government. For example, Wyoming passed a law in 1869 that allowed all women over 21 to vote, which eventually led to the 19th Amendment in 1919.

The creation of inferior courts

The Judiciary Act of 1789 was a significant milestone in the history of the US judicial system. This Act established the structure and jurisdiction of the federal judiciary, creating the Supreme Court with six justices, thirteen district courts, and three circuit courts. The Act also provided for the position of Attorney General (AG), who represents the United States in legal matters.

Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, ranging from five to ten justices. After the Civil War, the number was fixed at nine, where it remains today. The Supreme Court has one Chief Justice and eight Associate Justices, all appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. These protections are designed to safeguard the independence of the judiciary from political interference.

The Supreme Court, as the highest court in the land, is the court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of government recognises the limits of its power. It does so through its power of judicial review, which allows it to decide if a law violates the Constitution. This power is not explicitly granted in the Constitution but was established in the landmark case of Marbury v. Madison in 1803.

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