
The Supreme Court of the United States is the highest court in the land and has the final say in interpreting the Constitution. Article III of the Constitution establishes the federal judiciary, with Article III, Section I 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. Over the years, the Supreme Court has played a crucial role in shaping constitutional principles through its decisions on landmark cases. One notable example is Marbury v. Madison in 1803, where the Court established the principle of judicial review, asserting its authority to determine the constitutionality of acts of Congress. The Court has also ruled on cases involving federal supremacy, equal protection, freedom of speech, and the right to privacy, among other significant constitutional issues.
| Characteristics | Values |
|---|---|
| Judicial review | The ability of the Court to declare a Legislative or Executive act in violation of the Constitution |
| Jurisdiction | The legal ability to hear a case |
| Independence | The principle of judicial independence enshrined in Article III |
| Authority | The power to strike down state laws found to be in violation of the Constitution |
| Equality | The Court's role in ensuring equal treatment and due process of law |
| Interpretation | The responsibility to interpret the Constitution's meaning, as well as the meaning of laws passed by Congress |
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What You'll Learn

The Supreme Court's power of judicial review
The Supreme Court is the highest court in the United States, established by Article III, Section I of the US Constitution, which states:
> "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 power of judicial review plays a crucial role in ensuring that each branch of the government recognises and abides by the limits of its power. It also serves to protect civil rights and liberties by striking down laws that violate the Constitution. For example, the Supreme Court has ruled on cases involving the First Amendment right to freedom of speech and freedom of religion, the Sixth Amendment right to assistance of counsel in criminal cases, and the right to privacy with regards to abortion access. In addition, the Court has established that the provisions of the Bill of Rights apply not only to the federal government but also to the states, thus expanding the reach of constitutional protections.
The Supreme Court also has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors and other public ministers. In most cases, however, the Court exercises appellate jurisdiction, hearing cases on appeal that involve points of constitutional or federal law. The Certiorari Act of 1925 grants the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction.
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The Court's ability to strike down state laws
The Supreme Court of the United States holds a pivotal role in the American legal system. One of its primary functions is to interpret the Constitution and review the actions of both Congress and the executive branch. The power to strike down federal laws that it finds unconstitutional is known as judicial review.
The Supreme Court's power of judicial review acts as an essential check on legislative authority, ensuring that any law passed by Congress aligns with the Constitution. This power is derived from Article III, Section II of the Constitution, which establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors, and appellate jurisdiction over almost any other case involving constitutional or federal law.
The Supreme Court has used its power of judicial review to strike down state laws on several occasions. For example, in Brown v. Board of Education (1954), the Court struck down state laws establishing racial segregation in public schools, affirming the principle of equality under the law. In another case, the Court held that United States laws trump state laws, and consequently, a state could not tax a national bank established by Congress.
The Supreme Court's ability to strike down state laws is an important aspect of its role in the constitutional system of government. It ensures that each branch of government recognizes the limits of its own power and protects civil rights and liberties by striking down laws that violate the Constitution. The Court has the final say over when a Constitutional right is violated and acts as the court of last resort for those seeking justice.
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The Court's original jurisdiction
Article III of the US Constitution establishes the federal judiciary, with Article III, Section I 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 section outlines the original jurisdiction of the Supreme Court, allowing Congress to decide how to organize it.
The Judiciary Act of 1789 was the first exercise of this power, creating a Supreme Court with six justices and establishing the lower federal court system. This Act also granted the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law. However, in the landmark case of Marbury v. Madison (1803), the Court noted that the Constitution did not give it original jurisdiction in this matter. This case established the principle of judicial review, with the Court asserting its authority to determine the constitutionality of the actions of the other two branches of government.
The Supreme Court's original jurisdiction is outlined in Article III, Section II of the Constitution, which specifies the types of cases the Court can directly hear. These include suits between two or more states and cases involving ambassadors and other public ministers. The Court has appellate jurisdiction on almost any other case involving a point of constitutional or federal law, such as cases where the United States is a party, or those involving treaties and ships on the high seas (admiralty cases).
The Certiorari Act of 1925 gives the Supreme Court the discretion to decide whether to hear a case when exercising its appellate jurisdiction. This discretion allows the Court to maintain its independence and focus on cases that have a significant impact on constitutional interpretation and federal law.
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The 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 or cases involving ambassadors.
The Supreme Court's appellate jurisdiction is an essential aspect of its role in the constitutional system of government. As the highest court in the land, it serves as the court of last resort for those seeking justice. The Court's power of judicial review, established in the landmark case of Marbury v. Madison (1803), is a critical component of its appellate jurisdiction. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution, even though it is not explicitly mentioned in the text of the Constitution itself.
In Marbury v. Madison, the Court established the principle of judicial review by deciding that an Act of Congress contrary to the Constitution could not stand. This case involved a suit brought under the Judiciary Act of 1789, which gave the Supreme Court original jurisdiction to issue writs of mandamus. However, the Court noted that the Constitution did not permit it to have original jurisdiction in this matter. Article VI of the Constitution, which establishes the Constitution as the supreme law of the land, provided the basis for the Court's decision.
Over time, the Supreme Court has used its appellate jurisdiction to establish several important constitutional principles. One such principle is the authority to strike down state laws found to be in violation of the Constitution. Before the passage of the Fourteenth Amendment in 1869, the provisions of the Bill of Rights only applied to the federal government. However, after the amendment, the Supreme Court ruled that most of its provisions also applied to the states. This expansion of the Court's jurisdiction has had a significant impact on protecting constitutional rights and ensuring that all branches of government recognise the limits of their power.
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The Court's role in the federal system
The United States Constitution establishes the federal judiciary and outlines the role of the Supreme Court within the federal system. Article III, Section I of the Constitution 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 provision separates the judiciary from the legislative and executive branches, ensuring its independence. Congress organised the judiciary through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court's most well-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803, where the Court asserted its authority to determine the constitutionality of the actions of the other two branches of government. The Court held that an Act of Congress contrary to the Constitution could not stand, thereby establishing the principle of judicial review.
The Supreme Court's role in the federal system includes interpreting the Constitution and ensuring that the legislative and executive branches act within their constitutional limits. This power of judicial review is essential for maintaining the system of checks and balances and protecting individual rights. The Court has the final say on constitutional matters, including the interpretation of constitutional rights and the applicability of the Bill of Rights to the states.
In addition to its original jurisdiction over certain cases, such as those involving multiple states or ambassadors, the Supreme Court also has appellate jurisdiction over a wide range of cases involving constitutional and federal law. This allows the Court to hear appeals on a variety of issues, including those related to interstate commerce, civil rights, and individual freedoms.
The Supreme Court's decisions have had a significant impact on shaping the federal system. For example, in McCulloch v. Maryland, the Court established the principles of implied powers and federal supremacy, asserting the role of the federal government in regulating commerce. In Brown v. Board of Education, the Court overturned Plessy v. Ferguson, holding that state laws requiring racially segregated schools violated the Equal Protection Clause of the Fourteenth Amendment, thereby advancing civil rights and integration.
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Frequently asked questions
The constitutional principle of judicial review is the ability of the Supreme Court to declare a Legislative or Executive act in violation of the Constitution. The Court established this doctrine in the case of Marbury v. Madison (1803).
The constitutional principle of federal supremacy was established in the McCulloch decision, which held that Congress had implied powers to establish a national bank under the "necessary and proper" clause of the U.S. Constitution. The Court also determined that United States laws trump state laws.
The constitutional principle of equal protection under the law is enshrined in the Fourteenth Amendment's Equal Protection Clause. The Supreme Court has interpreted this clause to prohibit state laws that require or allow racial segregation in schools, finding that "separate educational facilities are inherently unequal."
















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