Simone Lawson
The Supreme Court of the United States (SCOTUS) is the highest court in the nation and plays a crucial role in interpreting and safeguarding the Constitution. Established by Article III, Section 1 of the Constitution, the Supreme Court consists of nine justices, including one chief justice and eight associate justices. The Court's primary function is to hear cases that involve constitutional issues, disputes between states, and violations of federal law. It has original jurisdiction over cases pertaining to ambassadors and treaties, and appellate jurisdiction over a broad range of cases, including those on appeal from lower courts. The Supreme Court's power of judicial review, established in Marbury v. Madison (1803), allows it to strike down laws and acts that violate the Constitution, ensuring the protection of civil rights and liberties. The Court's decisions have a profound impact on society, shaping areas such as voting rights, abortion, same-sex marriage, and free speech.
| Characteristics | Values |
|---|---|
| Number of judges | 9 |
| Highest court in the land | Yes |
| Jurisdiction | Original and appellate |
| Original jurisdiction cases | Disputes between states or disputes arising among ambassadors and other high-ranking ministers |
| Appellate jurisdiction cases | Authority to review decisions of lower courts |
| Power of judicial review | Ability to invalidate a statute for violating a provision of the Constitution |
| Protection of civil rights | Striking down laws that violate the Constitution |
| Limits on democratic government | Ensuring that popular majorities cannot pass laws that harm minorities |
| Interpretation of legislation | Yes |
| Dealing with disputes between states | Yes |
| Presiding over cases involving treaties | Yes |
| Ruling on cases involving the Bill of Rights | Yes |
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What You'll Learn
The Supreme Court's jurisdiction
The Supreme Court is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. The Supreme Court's term begins on the first Monday in October and goes through to the Sunday before the first Monday in October of the following year. The Court is usually in recess from late June/early July until October. It hears oral arguments in cases from October through April.
The Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first, and only, court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers and consuls. The Court established its original jurisdiction in the case of Marbury v. Madison (1803).
Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts. Most of the cases the Supreme Court hears are appeals from lower courts. The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of a case for review. The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.
The Supreme Court plays a very important role in the constitutional system of government. First, as the highest court in the land, it is the court of last resort for those seeking justice. Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and liberties by striking down laws that violate the Constitution. Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage.
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Judicial review
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law.
One of the most important powers of the Supreme Court is judicial review. This is the ability of the Court to declare a Legislative or Executive act in violation of the Constitution. The power of judicial review is not explicitly mentioned in the Constitution, but the Court established this doctrine in the landmark case of Marbury v. Madison in 1803. In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Court held that an Act of Congress that is contrary to the Constitution could not stand, as Article VI of the Constitution establishes the Constitution as the supreme law.
The Supreme Court's power of judicial review plays a crucial role in ensuring that each branch of government recognizes the limits of its own power. It also protects civil rights and liberties by striking down laws that violate the Constitution. The Court has the final say on when a right is protected by the Constitution or when a Constitutional right has been violated.
The Supreme Court has original jurisdiction over a narrow range of cases, including suits between two or more states, cases involving ambassadors and other public ministers, and those in which a state is a party. It has appellate jurisdiction over almost any other case that involves a point of constitutional or federal law, such as cases to which the United States is a party, cases involving treaties, and admiralty cases.
The Supreme Court receives about 7,000 petitions for writs of certiorari each year but only grants around 80. The Court usually only hears cases that have national significance, could harmonize conflicting decisions in federal Circuit courts, or have precedential value.
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Protecting civil rights
The Supreme Court plays a crucial role in protecting civil rights and liberties by striking down laws that violate the Constitution. The Court has the final say on whether a right is protected by the Constitution or when a Constitutional right has been violated.
In the past, the Court has tended to reflect societal biases, often ruling in favour of businesses and the wealthy elite. However, a shift occurred in the 1950s and 1960s, with the Supreme Court driving fundamental social change and advancing civil rights.
One notable case is Brown v. Board of Education in 1954, where the Court ruled that state-sanctioned racial segregation in public education violated the 14th Amendment's Equal Protection Clause. This case marked a turning point, extending beyond public schools to encompass all official public facilities and actions.
The Supreme Court has also played a significant role in protecting the rights of women, gay individuals, criminal defendants, protesters, and the press. For instance, in the landmark case of Loving v. Virginia in 1967, the Court unanimously found Virginia's anti-miscegenation law to be unconstitutional, reinforcing racial discrimination and violating the Equal Protection Clause.
Additionally, the Court has addressed employment discrimination and sexual harassment. In Burlington Industries Inc. v. Ellerth (1998), the Court ruled that employees who endure sexual harassment but suffer no job-related consequences can hold employers accountable without proving the employer's fault.
The Supreme Court's rulings have had a profound impact on civil rights, shaping the interpretation and enforcement of Constitutional protections.
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The Supreme Court's role in the constitution
Article III, Section I of the US Constitution establishes the federal judiciary, vesting the federal judicial power in a single "supreme Court". This article also permits Congress to decide how to organise the Supreme Court, a power 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 is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all US federal court cases and over state court cases that turn on questions of US constitutional or federal law. It also has original jurisdiction over a narrow range of cases, including suits between two or more states and cases involving ambassadors and other public ministers.
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. Its power of judicial review is essential for ensuring that each branch of government recognises the limits of its power. This power, established in the case of Marbury v. Madison (1803), allows the Court to declare a Legislative or Executive act in violation of the Constitution.
The Supreme Court also protects civil rights and liberties by striking down laws that violate the Constitution. It ensures that popular majorities cannot pass laws that harm minorities or take undue advantage. The Court's decisions have a significant impact on society.
The Supreme Court's term begins on the first Monday in October and goes through to the Sunday before the first Monday in October of the following year. The Court hears oral arguments in cases from October through April, with each case allotted an hour for arguments. During this time, lawyers for each party have 30 minutes to present their legal case to the Justices.
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Appointing justices
The Supreme Court is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases and state court cases that involve questions of U.S. constitutional or federal law. The Court also has original jurisdiction over a narrow range of cases, including suits between two or more states and cases involving ambassadors and other public ministers.
Justices of the Supreme Court are appointed by the President of the United States with the advice and consent of the Senate. This power is derived from Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause. The Constitution does not include a detailed job description for Supreme Court justices.
The nomination and confirmation processes are designed to bring to light information about the nominees. Nominees are evaluated based on their qualifications, views, and understanding of the role of a judge. Biographical profiles and background research are conducted to assess the diverse pathways to the bench for each nominee.
The size of the Supreme Court is not specified in the Constitution, and the power to define its size and membership has been assumed to belong to Congress. The Court currently consists of nine members: one chief justice and eight associate justices. The size of the court was last changed in 1869 when it was set at nine.
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Frequently asked questions
The Supreme Court is the highest court in the federal judiciary of the United States. It has the power of judicial review, which allows it to strike down laws and acts that are in violation of the Constitution.
The US Supreme Court consists of nine members: one chief justice and eight associate justices. Justices are appointed by the President and confirmed by the Senate. They typically hold their positions for life.
The Supreme Court hears cases that challenge the Constitution, interprets legislation, protects civil rights and liberties, and deals with disputes between states or cases involving treaties. It has original jurisdiction over a narrow range of cases, such as those involving ambassadors and other public ministers. Most of the cases heard by the Supreme Court are appeals from lower courts.
According to the Supreme Court's rules, four of the nine Justices must vote to accept a case. The primary means to petition the court for a review is to ask for a writ of certiorari, which is a request for the Supreme Court to review the record of the case. The Court usually only hears cases that could have national significance or precedential value.
The decisions of the Supreme Court have a profound impact on society, as they interpret and shape the understanding of Constitutional rights and liberties. The Court ensures that the majority's changing views do not undermine fundamental values, such as freedom of speech and due process of law.
