Malcolm Rivera
The US government is divided into three branches: the legislative, executive, and judicial. The legislative branch, or Congress, is responsible for making laws, while the judicial branch, or the Supreme Court, interprets them. This system of checks and balances ensures that no one branch holds too much power. The Supreme Court has the power of judicial review, which allows it to declare laws unconstitutional. Congress, on the other hand, has the power to create inferior federal courts and define their jurisdiction. This dynamic between Congress and the courts ensures that the government functions as intended by the Constitution.
| Characteristics | Values |
|---|---|
| Number of seats | Nine in total: one Chief Justice and eight Associate Justices |
| Jurisdiction | Original jurisdiction over certain cases, e.g. suits between two or more states, cases involving ambassadors and other public ministers; appellate jurisdiction on almost any other case involving constitutional or federal law |
| Powers | Judicial review; the ability to declare a Legislative or Executive act in violation of the Constitution; interpretation of laws; protection of civil rights and liberties |
| Congress's Control Over the Courts | Congress can create inferior federal courts and define their jurisdiction; Congress can withhold jurisdiction of any of the enumerated cases and controversies in Article III; Congress can curb the power to enjoin governmental and private action |
| Congress's Powers | To make laws; to enact legislation and declare war; to confirm or reject Presidential appointments; to establish an annual budget for the government; to levy taxes and tariffs; to authorise borrowing; to mandate spending on specific items; to investigate and compel the production of evidence or testimony |
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What You'll Learn
- Congress can pass laws, but the Supreme Court decides if they are constitutional
- The Supreme Court's power of judicial review ensures government branches recognise their limits
- Congress can define the jurisdiction of inferior federal courts
- Congress can pass laws to protect the freedoms in the Bill of Rights
- The Supreme Court can declare acts of Congress unconstitutional
Congress can pass laws, but the Supreme Court decides if they are constitutional
The United States Congress is made up of the House of Representatives and the Senate. It is the only part of the government that can make new laws or change existing ones. Congress can pass "necessary and proper laws", but it is the Supreme Court that decides whether a law fits the meaning of the Constitution. This is known as judicial review, and it is not explicitly mentioned in the Constitution.
The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers. Congress can also mandate spending on specific items: legislatively directed spending, commonly known as "earmarks", specifies funds for a particular project, rather than for a government agency.
Congress first organised the Supreme Court in the Judiciary Act of 1789. This Act created a Supreme Court with six justices and established the lower federal court system. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court.
The Supreme Court plays a crucial role in the constitutional system of government. It is the highest court in the land and the court of last resort for those seeking justice. Through its power of judicial review, it ensures that each branch of government recognises the limits of its power. It also 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 ensures government branches recognise their limits
The United States government is divided into three branches: the legislative, executive, and judicial. The Constitution grants each branch specific powers and establishes a system of checks and balances to prevent any one branch from accumulating too much power. The legislative branch, or Congress, is responsible for making laws, while the executive branch, led by the President, is responsible for enforcing those laws. The judicial branch, with the Supreme Court at its head, interprets the laws and ensures that they align with the Constitution.
The Supreme Court's power of judicial review is a crucial aspect of its role. This power allows the Court to declare a legislative or executive act unconstitutional, ensuring that each branch of government recognises and adheres to the limits of its power. The Court established this power in the landmark case of Marbury v. Madison in 1803, where it asserted that an Act of Congress contrary to the Constitution could not stand. This power of judicial review is not explicitly mentioned in the Constitution but has become an essential tool for maintaining the balance of power between the branches.
Through judicial review, the Supreme Court acts as a check on the legislative and executive branches, ensuring that the laws and actions of these branches do not exceed their constitutional authority. This power extends to interpreting the Constitution and determining the limits of congressional power. For example, in the case of Wiscart v. D'Auchy, the Court decided whether it had the power to review admiralty cases. In another instance, the Court's interpretation of the Constitution led to the addition of an income tax amendment, as the Court initially did not allow Congress to impose a tax on everyone's wages.
The Supreme Court's power of judicial review also extends to protecting civil rights and liberties. The Court can strike down laws that violate the Constitution, ensuring that the fundamental rights of all Americans, such as freedom of speech, freedom of religion, and due process, are upheld. Additionally, the Court sets limits on democratic government by preventing the majority from passing laws that harm or take advantage of minorities. This aspect of judicial review ensures that the changing views of the majority do not undermine the core values that unite all Americans.
In conclusion, the Supreme Court's power of judicial review is a critical mechanism for maintaining the balance of power among the branches of government. By interpreting the Constitution and determining the limits of congressional power, the Court ensures that each branch recognises and operates within its designated sphere. This power, established through judicial precedent, safeguards civil liberties, protects minorities, and reinforces the foundational principles of American democracy.
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Congress can define the jurisdiction of inferior federal courts
The Constitution of the United States divides the government into three branches: the legislative, the executive, and the judicial. This separation of powers ensures that no single branch can accumulate too much power. The legislative branch, or Congress, makes the laws, while the judicial branch interprets them.
Congress has the power to establish inferior federal courts and distribute federal jurisdiction among them. This power is derived from Article I, which states that Congress may "constitute Tribunals inferior to the supreme Court". This is further supported by Article III, which vests the judicial power of the United States in the Supreme Court and "such inferior Courts as the Congress may from time to time ordain and establish".
The first Congress created lower federal courts through the Judiciary Act of 1789, the first legislation related to the Federal Judiciary. This Act established thirteen judicial districts, each with one district judge, and divided the country into three judicial circuits. It also created “circuit courts”, which were three-judge panels consisting of one district judge and two Supreme Court Justices. Over time, various Acts of Congress have altered the structure of the federal judiciary, including the number of seats on the Supreme Court.
By creating inferior federal courts, Congress plays a crucial role in ensuring the smooth functioning of the judicial system. These lower courts help alleviate the workload of the Supreme Court, making it unnecessary to have recourse to the Supreme Court in every case. Congress also has the power to regulate the modes and practices of proceeding in these inferior federal courts.
In summary, Congress has the authority to establish inferior federal courts and distribute federal jurisdiction among them. This power is derived from the Constitution and has been exercised by Congress throughout history, shaping the federal judiciary into its current form.
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Congress can pass laws to protect the freedoms in the Bill of Rights
The US Constitution divides the government into three branches: the legislative, executive, and judicial. Each branch has specific powers and responsibilities, with a system of checks and balances to prevent any one branch from having too much power. The legislative branch, or Congress, is responsible for making laws, but the President, who heads the executive branch, can veto those laws. The judicial branch, or the courts, interprets the laws and can declare them unconstitutional.
The Supreme Court, established by Article III of the Constitution, is the highest court in the land and plays a crucial role in this system of checks and balances. It has the power of judicial review, or the ability to declare a law made by Congress or the executive branch as unconstitutional. This power was established in the landmark case of Marbury v. Madison in 1803. The Supreme Court also interprets the Constitution and ensures that each branch of government stays within its designated powers.
Congress, on the other hand, can pass laws to protect the freedoms outlined in the Bill of Rights, which comprises the first ten amendments to the Constitution. These amendments were designed to limit government power and protect individual liberties. For example, the First Amendment prohibits Congress from making any law that establishes a religion or impedes the free exercise of religion, freedom of speech, or freedom of the press. It also protects the right to peaceably assemble and petition the government. Similarly, the Second Amendment protects the right to keep and bear arms, and the Third Amendment prohibits the quartering of soldiers in private homes without consent.
Congress can also pass laws that go beyond the explicit protections in the Bill of Rights. For example, the Sixth Amendment guarantees the right to counsel in criminal cases, and the Supreme Court has ruled that this right applies to state criminal proceedings through the Due Process Clause of the Fourteenth Amendment. By passing laws that interpret and apply these constitutional rights, Congress plays a crucial role in safeguarding the freedoms and liberties of US citizens.
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The Supreme Court can declare acts of Congress unconstitutional
The United States Constitution divides the government into three branches: the legislative, the executive, and the judiciary. This separation of powers ensures that no single branch can accumulate too much power. The legislative branch, or Congress, is responsible for making laws, but the judiciary branch can declare those laws unconstitutional.
The Supreme Court, established by Article III, Section I of the Constitution, is the highest court in the land and has the power of judicial review. This means that it can declare acts of Congress unconstitutional if they violate the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803, where the Court asserted its authority to strike down laws that conflict with the Constitution.
The Supreme Court's ability to conduct judicial review is not explicitly stated in the Constitution but has been widely accepted and applied. The Court's interpretation of the law ensures that Congress does not overstep its bounds and respects the freedoms outlined in the Bill of Rights. For example, in the case of City of Boerne v. Flores in 1997, the Supreme Court held that the Religious Freedom Restoration Act (RFRA) was unconstitutional as it interfered with the allocation of power between the federal and state governments.
The Supreme Court's decisions have a significant impact on society, shaping the understanding and application of constitutional rights and freedoms. As such, it serves as a critical check on congressional power, ensuring that the laws passed by Congress do not violate the fundamental values enshrined in the Constitution.
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Frequently asked questions
The Supreme Court is the highest court in the land and acts as the court of last resort for those seeking justice. It has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. It also plays a role in ensuring that each branch of government recognizes the limits of its power.
The Supreme Court can declare a law unconstitutional, thus checking Congress. For example, in 1895, the Supreme Court did not allow Congress to put a tax of two cents on everyone's wages, so an income tax amendment was added to the Constitution.
Congress makes laws and has the sole authority to enact legislation and declare war. It also has the power to establish an annual budget, levy taxes, and authorize borrowing. Congress consists of the House of Representatives and the Senate, which work together to pass laws.
