Malcolm Rivera
The Supreme Court of the United States is the highest court in the country, with one Chief Justice and eight Associate Justices. The Court was established by Article III of the US Constitution, which also outlines its jurisdiction. The Supreme Court has original jurisdiction in cases involving ambassadors, public ministers, and consuls, as well as those in which a state is a party. It has appellate jurisdiction in almost all other cases that involve a point of constitutional or federal law. The Court's most well-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. The Supreme Court plays a crucial role in the US constitutional system of government, acting as a check on the powers of the other branches of government.
| Characteristics | Values |
|---|---|
| Number of justices | 9 (1 Chief Justice and 8 Associate Justices) |
| Appointment | Appointed by the President and confirmed by the Senate |
| Tenure | Lifetime tenure |
| Jurisdiction | Original and appellate jurisdiction |
| Powers | Judicial review, i.e., the ability to declare acts of Congress or Executive acts in violation of the Constitution |
| Cases heard | Receives about 7,000 petitions for writs of certiorari each year, but only grants about 80 |
| Transparency | Criticized for lack of transparency |
| Political influence | Criticized for being overly political and consolidating power |
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What You'll Learn
The Supreme Court's authority to strike down laws violating the Constitution
The US Constitution establishes the federal judiciary and outlines the Supreme Court's authority. 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 grants the Supreme Court the power to review and strike down laws that violate the Constitution, a doctrine known as judicial review.
While the text of the Constitution does not explicitly mention the power of judicial review, the Supreme Court established this authority 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 Court held that an Act of Congress contrary to the Constitution could not stand, asserting its power to strike down laws that violate the Constitution.
The Supreme Court's power of judicial review serves several critical functions in the constitutional system of government. Firstly, it ensures that each branch of government recognizes the limits of its own power. Secondly, it protects civil rights and liberties by striking down laws that violate constitutional rights. Thirdly, it safeguards minority populations by preventing the majority from passing laws that infringe on the rights of minorities, thus preserving fundamental American values.
In summary, the Supreme Court's authority to strike down laws violating the Constitution is a crucial aspect of the US constitutional system. This power, established through judicial precedent, allows the Court to act as a check on the legislative and executive branches, ensuring that laws and actions at all levels of government adhere to the principles enshrined in the Constitution.
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The Supreme Court's composition and procedures
The composition and procedures of the US Supreme Court were established by the 1st Congress through the Judiciary Act of 1789. The Supreme Court consists of nine justices – one chief justice and eight associate justices. The 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. These restrictions are meant to protect the independence of the judiciary from political branches of the government.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors, and other public ministers. It also has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. The Court's power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution, was established in the case of Marbury v. Madison in 1803. This power gives the Court the final say on when a right is protected by the Constitution or when a Constitutional right is violated.
The Supreme Court receives about 7,000 petitions for writs of certiorari each year but only grants about 80. When the court is in session, the public may attend oral arguments, which are held twice each morning (and sometimes afternoons) on Mondays, Tuesdays, and Wednesdays in two-week intervals from October through late April, with breaks in December and February. The court releases opinions beginning at 10 am on "non-argument days", also called opinion days, which are also open to the public.
The Supreme Court has been criticized for its unusual amount of power over elected branches of government, its difficult-to-amend constitution, and its lack of transparency.
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The Supreme Court's jurisdiction
Article III, Section I of the US Constitution establishes the federal judiciary and 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."
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, or its legal ability to hear a case. The Court has original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors, and other public ministers. It also has original jurisdiction over cases affecting consuls, all cases of admiralty and maritime jurisdiction, and controversies to which the United States is a party.
In all other cases, the Supreme Court has appellate jurisdiction, meaning it can hear the case on appeal. This includes almost any case that involves a point of constitutional and/or federal law. The Supreme Court's appellate jurisdiction can be regulated by Congress, according to Article III of the federal Constitution.
The Supreme Court's power of judicial review, or its ability to declare a Legislative or Executive act in violation of the Constitution, is not explicitly mentioned in the text of the Constitution. However, the Court established this doctrine in the case of Marbury v. Madison in 1803. This power allows the Court to strike down state laws found to be in violation of the Constitution and gives it the final say over when a right is protected or violated by the Constitution.
The Supreme Court has been criticised for giving the federal government too much power over state authority. Some critics argue that the Court has allowed the federal government to misuse the Commerce Clause by upholding legislation that has little to do with interstate commerce. The Court has also been criticised for its lack of transparency, lifetime tenure of justices, and its unusual amount of power over elected branches of government.
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The Supreme Court's role in ensuring government branches recognise their power limits
The Supreme Court is the highest court in the United States, and it plays a crucial role in ensuring that each branch of the government recognises and abides by the limits of its power. This role is primarily facilitated through the Court's power of judicial review, which allows it to declare acts of Congress or the Executive in violation of the Constitution.
The Supreme Court's power of judicial review is not explicitly mentioned in the Constitution but was established in the landmark case of Marbury v. Madison in 1803. In this case, the Court asserted that the Constitution, as established by Article VI, is the supreme law of the land, and any acts of Congress contrary to it are null and void. This power of judicial review allows the Court to act as a check on the legislative and executive branches, ensuring they do not exceed their constitutional authority.
The Court's role in recognising power limits is further strengthened by its jurisdiction. The Supreme Court has original jurisdiction over cases involving the Constitution, federal laws, treaties, and disputes between states or state and federal governments. It also has appellate jurisdiction over almost all other cases, allowing it to hear appeals on matters involving constitutional or federal law. This broad jurisdiction enables the Court to interpret and apply the Constitution, safeguarding against governmental overreach.
Additionally, the Supreme Court protects civil rights and liberties by striking down laws that violate the Constitution. For example, after the passage of the Fourteenth Amendment, the Court ruled that most provisions of the Bill of Rights applied to the states, not just the federal government. This expansion of rights ensured that popular majorities could not pass laws infringing on the rights of minorities, thus protecting fundamental values such as freedom of speech, religion, and due process.
While the Supreme Court wields significant power, checks and balances exist to prevent its abuse. Congress, for instance, can regulate the Court's jurisdiction and determine the types of cases it hears. This ability to engage in "jurisdiction stripping" serves as a counterbalance to the Court's power, ensuring a system of separation of powers and preventing any single branch from becoming supreme.
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The Supreme Court's public proceedings
The Supreme Court of the United States is established by Article III, Section 1 of the US Constitution. The Court's term begins on the first Monday in October and continues through to the Sunday before the first Monday in October of the following year. Typically, the Court is in recess from late June/early July until October.
The Supreme Court hears oral arguments in cases 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. During each two-week session, oral arguments are heard on Mondays, Tuesdays, and Wednesdays only, with each case allotted an hour for arguments. These oral arguments are open to the public.
The Supreme Court has 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. The Court has original jurisdiction over cases between two or more states but may decline to hear such cases. It also has original jurisdiction to hear cases involving "all actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties; all controversies between the United States and a State; and all actions or proceedings by a State against the citizens of another State or against aliens."
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, 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, might harmonize conflicting decisions in federal Circuit courts, and/or could have precedential value. Four of the nine Justices must vote to accept a case.
The Supreme Court also has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the text of the Constitution but was established by the Court in the case of Marbury v. Madison (1803). The Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
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Frequently asked questions
The US Constitution Supreme Court is the highest court in the country. It consists of nine justices—the Chief Justice of the United States and eight associate justices. These justices are appointed by the President and confirmed by the Senate. They hold office for life and cannot have their salaries decreased during their term.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors, other public ministers, and consuls. It also has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. The Court's most well-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution.
The Supreme Court has been criticised for giving the federal government too much power to interfere with state authority. Critics argue that the Court has allowed the federal government to misuse the Commerce Clause by upholding legislation that has little to do with interstate commerce. The Court has also been criticised for its unusual amount of power over elected branches of government, its difficult-to-amend constitution, and specific controversial partisan rulings.
