Isabella Carter
The Constitution outlines the basic framework of the federal government of the United States, and its interpretation and application have evolved over time. The Constitution's famous opening, We the People, sets the tone for the document, which consists of a preamble, seven articles, and 27 amendments. The Supreme Court has the power of judicial review, allowing it to examine federal and state laws and determine their constitutionality. An example of the Constitution being applied is Marbury v. Madison, where the Supreme Court ruled an act of Congress unconstitutional, marking a significant moment in US constitutional history.
| Characteristics | Values |
|---|---|
| Judicial review | The power of the Court to examine federal legislation, federal executive, and all state branches of government, to decide their constitutionality, and to strike them down if found unconstitutional. |
| Includes the power to explain the meaning of the Constitution as it applies to particular cases. | |
| For example, in Marbury v. Madison, the Supreme Court ruled an act of Congress unconstitutional. | |
| Another example is 'collateral estoppel', which directs that when a litigant wins in a state court, they cannot sue in federal court to get a more favorable outcome. | |
| The U.S. Constitution | Composed of the Preamble, seven articles, and 27 amendments. |
| The first 10 amendments are known as the Bill of Rights. | |
| The basic framework of the federal government is defined by the seven articles. | |
| Articles that have been amended still include the original text, although provisions repealed by amendments are usually bracketed or italicized to indicate they no longer apply. | |
| The Constitution outlines the U.S. judicial system, with federal courts vested with the judicial power of the United States and the authority to interpret and apply the law to specific cases. | |
| The Supreme Court holds discretionary jurisdiction, meaning it does not have to hear every case brought to it. | |
| The Congress has the power to propose amendments to the Constitution, which become valid when ratified by three-fourths of the state legislatures or conventions. | |
| Due process | Used to evaluate whether a law can be applied by states, regardless of the procedure followed. |
| Deals with specific subject areas, such as liberty of contract or privacy. | |
| Has been used to uphold regulatory legislation in various areas, including places of amusement, grain elevators, and the sale of cigarettes or cosmetics. |
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What You'll Learn
Judicial review
The first American decision to recognize the principle of judicial review was Bayard v. Singleton, decided in 1787 by the Supreme Court of North Carolina's predecessor. The North Carolina court and its counterparts in other states treated state constitutions as statements of governing law to be interpreted and applied by judges. These courts reasoned that because their state constitution was the fundamental law of the state, they must apply the state constitution rather than an act of the legislature that was inconsistent with the state constitution.
In Hayburn's Case, 2 U.S. (2 Dall.) 408 (1792), federal circuit courts held an act of Congress unconstitutional for the first time. Three federal circuit courts found that Congress had violated the Constitution by passing an act requiring circuit court judges to decide pension applications, subject to the review of the Secretary of War.
The Supreme Court first ruled an act of Congress unconstitutional in Marbury v. Madison, the second was Dred Scott. Between the ratification of the Constitution in 1788 and the decision in Marbury v. Madison in 1803, judicial review was employed in both federal and state courts. Professor William Treanor identified thirty-one state or federal cases during this time in which statutes were struck down as unconstitutional, and seven additional cases in which statutes were upheld but at least one judge concluded the statute was unconstitutional.
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The Supreme Court's discretionary jurisdiction
The Supreme Court of the United States is the highest court in the land and the court of last resort for those seeking justice. It has discretionary jurisdiction, meaning it can choose whether or not to hear a case. This is in contrast to original jurisdiction, where a case is tried before the court. The Supreme Court's discretionary power is reactive, responding to a petitioner's appeal of a lower court's decision or a motion for rehearing made to an intermediate appellate court.
The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year. The Court employs a "rule of four," meaning four justices must agree that a case is important enough to merit the court's resources before it will grant a review.
There are four instances where the State's Supreme Court can exercise discretion when to review:
- District court decisions that expressly declare a valid state statute, even when the validity of the statute is not the issue before the court.
- District Court decisions involving the interpretation of a provision or term of the federal constitution.
- When the district court's decision directly conflicts with another district's or Supreme Court ruling.
- District court decisions directly affecting the duties, powers, validity, formation, termination, or regulation of constitutional or state officers.
In Florida, discretionary jurisdiction is a power assigned to the State's highest court through a Constitutional Provision. The Supreme Court of Florida is the highest court in the state of Florida and consists of seven justices. The Supreme Court must review all death sentences imposed by trial judges and all decisions by district courts of appeal declaring a state statute or provision of the state constitution invalid.
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The Bill of Rights
The first ten amendments to the Constitution make up the Bill of Rights and were ratified on December 15, 1791. These amendments include the right to freedom of speech, freedom of religion, and the right to bear arms. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant. The Ninth Amendment states that the "enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This means that just because a right is not specifically listed in the Constitution does not mean it is not protected. The Tenth Amendment further reinforces the idea of limited government power by stating that any powers not delegated to the federal government are reserved for the states or the people.
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The legislative powers of Congress
Article I of the US Constitution outlines the legislative powers of Congress. This article describes the design of the legislative branch of the US government, which consists of a Senate and a House of Representatives. The House of Representatives is made up of members chosen every second year by the people of the various states, with each state's electors needing to meet the qualifications required for electors of the most populous branch of the state legislature. Representatives must be at least 25 years old, have been citizens of the United States for at least seven years, and live in the state from which they are chosen.
The legislative powers granted to Congress include the power to lay and collect taxes, duties, imposts, and excises to fund the country's common defence and general welfare. These taxes must be uniform throughout the United States. Congress also has the power to regulate commerce with foreign nations, among the states, and with Native American tribes. Additionally, Congress can establish uniform rules for naturalization and bankruptcy laws across the country.
Congress has the authority to define and punish piracies, felonies, and offences against the Law of Nations committed on the high seas. It can also declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. Congress holds the power to organise, arm, and discipline the Militia, reserving the authority to appoint officers and train the Militia to the states.
Furthermore, Congress can exercise exclusive legislation in a district, not exceeding ten miles square, that serves as the seat of the US government. This includes the power to erect forts, magazines, arsenals, dockyards, and other necessary buildings. Congress also has the authority to make laws necessary for executing its vested powers and governing the country.
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Procedural and substantive due process
The US Constitution requires that federal and state governments follow certain procedures to protect the essential interests of all people within the country. The Fifth and Fourteenth Amendments, also known as the Due Process Clauses, guarantee due process to all persons located within the United States. Due process refers to the constitutional requirement that when the government acts in a manner that denies a person of life, liberty, or property interest, the person must be given notice, a hearing, and a decision by a neutral decision-maker. The Fifth Amendment guarantees that no person shall be deprived of "life, liberty, or property, without due process of law".
Procedural due process is concerned with the procedures the government must follow in criminal and civil matters. It limits state and federal power by requiring certain procedures to be followed in both criminal and civil contexts. Procedural due process ensures that individuals will have their day in court if they are arrested and that their trial will be a fair one. It includes the right to a trial by jury, the right to an attorney, and freedom from self-incrimination. In criminal procedures, the court looks at whether the government's procedure is offensive to the notion of fundamental fairness for the due process analysis.
Substantive due process is related to rights that individuals have from government interference. It is based on the premise that the constitution protects the public from unwarranted government intrusion infringing upon their fundamental rights. Substantive due process has been interpreted to create a right to privacy, although the Constitution does not expressly guarantee that right. If the government passes a law that infringes on life, liberty, or property rights, a substantive due process analysis must be performed.
An example of procedural due process being applied is when there is a problem with the procedures used to collect evidence, or with the methods used to secure a conviction. This can lead to the exclusion of evidence from being used in court proceedings if it was collected illegally, and to the overturning of an unjust conviction. An example of substantive due process being applied is when, in 1905, the Supreme Court declared a New York law regulating baker’s working hours was a violation of substantive due process because the bakers were deprived of their right to set their own terms.
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Frequently asked questions
Marbury v. Madison, in which the Supreme Court ruled an act of Congress unconstitutional.
The US Constitution is a document composed of a preamble, seven articles, and 27 amendments. It establishes the basic framework of the federal government.
Judicial Review is the power of the Court to examine federal legislation, federal executive, and all state branches of government, to decide their constitutionality. The Supreme Court does not have to hear every case that is brought to it.
An example is a provincial parliament in a federal state trying to legislate in an area that the constitution exclusively allocates to the federal parliament, such as ratifying a treaty.
