The Supreme Court's Constitutional Role Explained

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. The Constitution establishes the Supreme Court in Article III, Section 1, and permits Congress to decide how to organize it. The Court has original jurisdiction over a narrow range of cases, including suits between two or more states and cases involving ambassadors, and appellate jurisdiction over almost any other case that involves a point of constitutional or federal law. The Supreme Court's power notably includes judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution.

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The Supreme Court's jurisdiction

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.

The Court also has appellate jurisdiction (the Court can hear a case on appeal) on almost any other case that involves a point of constitutional or federal law. Some examples include cases in which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases). The Court's appellate jurisdiction allows it to review and decide on cases that have already been heard in lower courts. Most of the cases heard by the Supreme Court are appeals from lower courts.

The Supreme Court also has the power of judicial review, which is the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison in 1803, where the Court asserted itself as the supreme expositor of the Constitution. The Court has used this power to strike down state laws found to be in violation of the Constitution and to rule on the applicability of Constitutional rights.

The Supreme Court's term typically begins on the first Monday in October and goes through 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.

The Court's power of judicial review

The power of judicial review is one of the most well-known powers of the Supreme Court. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution. Interestingly, this power is not explicitly mentioned in the text of the Constitution. Instead, it was established by the Court 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 took precedence as the supreme law of the land.

The Judiciary Act of 1789, which established the Supreme Court, gave the Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act according to the law. However, in the case of Marbury v. Madison, the Court noted that the Constitution did not grant it original jurisdiction in this matter. Relying on Article VI of the Constitution, which establishes the Constitution as the supreme law, the Court held that an Act of Congress contrary to the Constitution is invalid. This assertion of the power of judicial review allowed the Court to specify itself as the supreme expositor of the Constitution.

The Supreme Court's power of judicial review extends to acts of Congress and state laws. In subsequent cases, the Court established its authority to strike down state laws found to be in violation of the Constitution. The passage of the Fourteenth Amendment in 1869 expanded the Court's power in this regard, as it ruled that most provisions of the Bill of Rights were applicable to the states. This power of judicial review is essential for ensuring that each branch of government recognizes its own limits and that Constitutional rights are upheld.

The Supreme Court's term typically begins on the first Monday in October and goes through to the Sunday before the first Monday in October of the following year. During this period, the Court hears oral arguments from October to April, with each case allotted an hour for arguments. The Court receives thousands of petitions for writs of certiorari each year but only grants a small fraction of them, typically accepting cases that could have national significance or precedential value.

How justices are appointed

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 also has original jurisdiction over a narrow range of cases, such as "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party."

Justices of the Supreme Court are appointed by the President of the United States with the advice and consent of the Senate. This is established in Article III of the Constitution. The nomination and confirmation processes bring to light information about the nominees. Justices typically hold office for life, and their salaries cannot be decreased during their term of office. These restrictions are meant to protect the independence of the judiciary from political branches of the government.

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The Court's role in government

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. 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.

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. The Court's original jurisdiction is established by Article III, Section II of the Constitution. This means that the Supreme Court is the first and only court to hear these cases.

The Court also has appellate jurisdiction, which means it can review the decisions of lower courts. Most of the cases heard by the Supreme Court are appeals from lower courts. The Court has the discretion to decide whether or not to hear these cases, and it usually only does so if the case could have national significance or might harmonize conflicting decisions in the federal Circuit courts. The Supreme Court's appellate jurisdiction is also established by Article III of the Constitution and extends to almost any case that involves a point of constitutional or federal law.

One of the most important powers of the Supreme Court is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly stated in the Constitution but was established by the Court in the landmark case of Marbury v. Madison in 1803. Through judicial review, the Court plays a crucial role in ensuring that each branch of government recognizes the limits of its power. The Court has used this power to strike down state laws found to be in violation of the Constitution and to rule on the applicability of Constitutional rights.

The Supreme Court is composed of nine Justices, including one Chief Justice and eight Associate Justices. Justices are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term of office. These measures are intended to protect the independence of the judiciary from political influence.

Supreme Court procedures

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. The Supreme Court's term begins on the first Monday in October and continues through the Sunday before the first Monday in October of the following year. The Court is typically in recess from late June/early July until October.

The Supreme Court has original jurisdiction over a narrow range of cases, including those involving:

• Ambassadors
• Other public ministers and consuls
• Cases in which a state is a party
• Disputes between states
• Disputes arising among ambassadors and other high-ranking ministers

The Court has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases. The Supreme Court has the authority to review the decisions of lower courts. Most of the cases heard by the Supreme Court are appeals from lower courts.

The primary means to petition the Court for review is to ask it to grant a writ of certiorari, which is a request for the Supreme Court to order a lower court to send up the record of the case for review. The Court is not obligated to hear these cases and usually only does so if the case could have national significance or might harmonize conflicting decisions in federal Circuit courts. The Court accepts 100-150 of the more than 7,000 cases it is asked to review each year. Four of the nine Justices must vote to accept a case.

If the Justices decide to accept a case, the petitioner has a certain amount of time to write a brief, not exceeding 50 pages, presenting their legal case. After the petitioner's brief has been filed, the respondent is given the same amount of time to file their brief, also not exceeding 50 pages. Following the initial petitions, the petitioner and respondent can file shorter briefs in response to the other party's position. The U.S. Government, represented by the Solicitor General, can file a brief on behalf of the government if it is not directly involved in the case.

Oral arguments are heard from October through April, with arguments heard during the first two weeks of each month from October through December, and during the last two weeks of each month from January through April. Oral arguments are open to the public, with two cases heard each day, beginning at 10 a.m. Each case is allotted an hour for arguments, with each lawyer given half an hour to present their case to the Justices.

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