Malcolm Rivera
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. The Supreme Court was created by the Constitution, specifically 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. The Constitution establishes the Supreme Court but permits Congress to decide how to organize it. The 1st United States Congress provided the detailed organization of the federal judiciary through the Judiciary Act of 1789, which established a Supreme Court with six justices. The Supreme Court plays a crucial role in the constitutional system of government, as it has the power to strike down laws that violate the Constitution and ensure that the government recognizes the limits of its power.
| Characteristics | Values |
|---|---|
| Basis in the Constitution | Article III, Section I 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." |
| Composition and Procedures | The composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. |
| Jurisdiction | The Supreme Court has original jurisdiction over cases such as suits between two or more states and cases involving ambassadors and other public ministers. It has appellate jurisdiction over almost any other case involving constitutional or federal law. |
| Powers | The Supreme Court has the power of judicial review, which allows it to strike down laws that violate the Constitution and ensure that each branch of government recognizes its limits. It also protects civil rights and liberties and sets limits on democratic government to safeguard minority rights. |
| Justices | There have been 112 Justices on the Supreme Court, including 17 Chief Justices. Justices have lifetime tenure and each justice has a single vote in deciding cases. The president, with the advice and consent of the Senate, appoints new justices. |
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What You'll Learn
The Judiciary Act of 1789
Article III, Section I of the United States Constitution establishes the federal judiciary. It 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." This article, however, does not specify the exact powers or organisation of the Supreme Court.
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Supreme Court's role in striking down laws that violate the Constitution
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. 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."
Congress first exercised its power to organize the Supreme Court in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over the years, the number of seats on the Supreme Court has varied, but since the Civil War, it has been fixed at nine justices—a chief justice and eight associate justices.
The Supreme Court plays a crucial role in the US constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. One of its essential functions is to protect civil rights and liberties by striking down laws that violate the Constitution. This power of judicial review allows the Court to declare a Legislative or Executive act in violation of the Constitution and to invalidate any law or action by the legislative or executive branch that contravenes it.
The Supreme Court's authority to strike down laws that violate the Constitution was established in the landmark case of Marbury v. Madison in 1803. In this case, the Court asserted its power of judicial review, ruling that an Act of Congress contrary to the Constitution could not stand. Since then, the Court has used its power of judicial review to strike down laws and actions that violate constitutional rights and freedoms, such as freedom of speech, freedom of religion, and due process of law.
In addition to its role in striking down unconstitutional laws, the Supreme Court also enforces the separation of powers and constitutional checks and balances by invalidating actions by the executive and legislative branches that exceed their powers. It ensures that each branch of government recognizes its limits and protects minority rights by preventing popular majorities from passing laws that harm or take undue advantage of unpopular minorities.
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Supreme Court's appellate jurisdiction
Article III, Section II of the US Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers.
The Supreme Court's appellate jurisdiction refers to its authority to review decisions made by lower federal or state supreme courts. Most cases come to the Supreme Court on appeal, meaning the case has already been heard in a lower court. The Court primarily exercises this power through writs of certiorari, where it chooses to review cases that have significant legal or constitutional questions. This selective process is important, as the Supreme Court receives thousands of petitions annually.
The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case on appeal. The Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated. It also ensures that each branch of government recognizes the limits of its power.
The Supreme Court has repeatedly stated that it is obligated to take and decide cases that meet jurisdictional standards. However, over time, Congress has limited the types of cases subject to direct appeal to the Supreme Court, resulting in more cases being subject to discretionary review. The Evarts Act of 1891 substantially reduced mandatory review of federal court cases by the Supreme Court, with decisions of the circuit courts of appeals being final for most cases.
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Supreme Court's original jurisdiction
The Supreme Court was established by Article III, Section I of the US Constitution, 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." The Constitution also permits Congress to decide how to organise the Supreme Court, which it did through the Judiciary Act of 1789. This act created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court has original jurisdiction (the legal ability to hear a case) over a narrow range of cases. This includes suits between two or more states, cases involving ambassadors and other public ministers, and cases in which a state is a party. The Supreme Court has its own set of rules, and according to these rules, four of the nine Justices must vote to accept a case.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. It also has the power of judicial review, which allows it to ensure that each branch of government recognises its own power limits.
The Court usually only hears cases that have been decided in a US Court of Appeals or the highest court in a given state. It accepts around 100-150 of the more than 7,000 cases it is asked to review each year. The Court is not obligated to hear these cases but may do so if the case could have national significance or set a precedent.
The Supreme Court has the authority to strike down state laws found to be in violation of the Constitution. It also protects civil rights and liberties and sets limits on democratic governments, ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities.
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Supreme Court's power of judicial review
The Supreme Court was established by the US Constitution, which vests federal judicial power in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish". The Constitution, however, does not explicitly mention the Court's power of judicial review. This power was established in the landmark case of Marbury v. Madison in 1803, where the Supreme Court asserted itself the power to invalidate a statute for violating a provision of the Constitution.
The Supreme Court's power of judicial review allows it to evaluate the constitutionality of legislative and executive actions. This means that the Court can determine whether laws passed by Congress or actions taken by the President are in line with the US Constitution. If a law or action is deemed unconstitutional, the Court has the power to nullify it, making it void. This power serves to maintain checks and balances within the government, ensuring that no law contradicts the Constitution.
The Supreme Court's ability to invalidate laws is a profound power, but it is used sparingly. Over its history, the Court has struck down only a small percentage of laws, demonstrating the reluctance of the justices to overturn the decisions of elected branches of government unless absolutely necessary. The Court's power of judicial review allows it to act as a guardian of the Constitution, preventing both the legislative and executive branches from overstepping their powers.
The Supreme Court's power of judicial review also extends to striking down state laws found to be in violation of the Constitution. After the passage of the Fourteenth Amendment in 1869, the Supreme Court began ruling that most of its provisions were applicable to the states as well. This means that the Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
In summary, the Supreme Court's power of judicial review is an essential function in the US judicial system, allowing it to interpret the Constitution and ensure that each branch of government recognises the limits of its own power.
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Frequently asked questions
Yes, the Supreme Court was created by the Constitution. Article III, Section I 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 is the highest court in the land and has the final say on whether a right is protected by the Constitution or when a Constitutional right is violated. It also plays a crucial role in ensuring that each branch of the government recognizes its power limits.
There are nine justices in the Supreme Court: one chief justice and eight associate justices.
The Supreme Court receives about 7,000 petitions for writs of certiorari each year but only grants around 80.
The original Supreme Court first met on February 1, 1790, in the Merchants Exchange Building in New York City. John Jay of New York was the first Chief Justice, and William Cushing of Massachusetts and John Blair of Virginia were the first Associate Justices.
