Omar Bennett
The Supreme Court is the highest court in the United States and has the final say on whether a right is protected by the Constitution or when a Constitutional right has been violated. The Supreme Court has original jurisdiction, meaning it is the first and only court to hear certain cases, and appellate jurisdiction, meaning it can review decisions made by lower courts. The Supreme Court can declare a Legislative or Executive act in violation of the Constitution and can strike down state laws found to be in violation of the Constitution. When seeking constitutionality, it is important to understand the concept of justiciability, which concerns the type of case or controversy that a court can decide. The political question doctrine, for example, prevents federal courts from making decisions on certain political questions that are meant for Congress or the President.
| Characteristics | Values |
|---|---|
| Jurisdiction | The Supreme Court has original and appellate jurisdiction. Original jurisdiction means the Supreme Court is the first and only court to hear a case. The Constitution limits original jurisdiction cases to disputes between states or disputes arising among ambassadors and other high-ranking ministers. |
| Judicial Review | The Supreme Court can declare a Legislative or Executive act in violation of the Constitution. |
| Political Question Doctrine | The Supreme Court refrains from deciding on certain cases, such as those that may disrupt the separation of powers or those that are deemed to be non-judicial in nature. |
| Constitutional Challenge | A party must file a notice of constitutional question and serve it to the appropriate attorney general. The court may reject a constitutional challenge but cannot enter a final judgment before the intervention period expires. |
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What You'll Learn
The Supreme Court's jurisdiction
The jurisdiction of the Supreme Court is established by Article III, Section II of the US Constitution, which outlines its legal ability to hear a case. The Court has original jurisdiction, meaning it is the first and only court to hear certain cases, and appellate jurisdiction, meaning it can review decisions made by lower courts.
Original jurisdiction cases are limited to those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. The Court has the power to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
Appellate jurisdiction allows the Court to hear 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 Court is not obligated to hear these cases and will usually only do so if the case could have national significance, might harmonize conflicting decisions in lower courts, or could have precedential value. The Court accepts around 100-150 of the over 7,000 cases it is asked to review annually.
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 Marbury v. Madison (1803), where the Court decided that an Act of Congress was not the supreme law of the land, and that it had the authority to interpret the Constitution and check the other branches of government.
The Court's jurisdiction is also shaped by the political question doctrine, which prevents it from making decisions on certain political questions that are meant for Congress or the President. The doctrine aims to protect the separation of powers and ensure the competency of courts.
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Justiciability
The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison (1803), where the Court decided that an Act of Congress was not the supreme law of the land, and instead, the Constitution was. This case also hinted at the limits of the Court's power, introducing the concept of the political question doctrine.
The political question doctrine prevents federal courts from making decisions they are not suited to make, maintaining the separation of powers. The Supreme Court identified six factors that determine when courts should refrain from deciding cases, which include:
- Textual Commitment: Does the Constitution grant another branch of government the power to answer this question?
- Lack of Manageable Standards: Is there a reliable standard for resolving the issue?
- Need for a Policy Decision: Would resolving the issue require a non-judicial policy decision?
- Respect for Executive or Legislative Roles: Would resolving the issue disrespect the roles and powers of the executive or legislative branches?
- Adherence to Political Decisions: Is there a need to adhere to a previous political decision?
When seeking constitutionality, it is important to consider the justiciability of the case and whether it falls within the Court's jurisdiction. If a case involves a Constitutional issue, it is more likely to be heard by the Supreme Court, especially if it could have national significance or precedential value. However, the Court is not obligated to hear every case and accepts a small fraction of the thousands of cases it is asked to review each year.
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Judicial review
In this case, William Marbury was appointed justice of the peace, but his commission wasn't delivered. Marbury asked the Supreme Court to force the delivery of his commission, and Chief Justice John Marshall ruled that the law was unconstitutional. This marked the first time the Supreme Court declared a law unconstitutional and clarified its power to interpret the Constitution and check the other branches of government.
The Supreme Court has original jurisdiction, meaning it is the first and only court to hear certain cases, such as disputes between states or disputes involving ambassadors and other high-ranking ministers. It also has appellate jurisdiction, allowing it to review decisions made by lower courts. Most of the cases heard by the Supreme Court are appeals from lower courts. To have their case heard by the Supreme Court, parties must petition the court and ask it to grant a writ of certiorari, ordering the lower court to send the record of the case for review.
The Supreme Court typically accepts 100-150 cases out of over 7,000 requests each year. It usually only hears cases that could have national significance, harmonize conflicting decisions in federal Circuit courts, or have precedential value. The Court's rules state that four of the nine Justices must vote to accept a case, and five must vote to grant a stay.
When considering judicial review, the Court uses several factors to assess whether it can decide an issue, including whether there is a textually demonstrable constitutional commitment to the issue and whether there are manageable standards for resolving it. The political question doctrine also prevents courts from making decisions on certain political questions meant for Congress or the President, maintaining the separation of powers.
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The number of Justices required to vote to accept a case
The Supreme Court is the highest court in the United States, with one Chief Justice and eight Associate Justices. The Court has original jurisdiction over certain cases, such as disputes between states or cases involving ambassadors and other high-ranking ministers. It also has appellate jurisdiction, allowing it to review decisions made by lower courts.
The Supreme Court is not obliged to hear cases and may choose to do so if they are of national significance, could harmonize conflicting decisions in federal Circuit courts, or have precedential value. The Court receives over 7,000 petitions for a writ of certiorari each year but only accepts around 100-150 of them.
When deciding whether to accept a case, four of the nine Justices must vote to accept. This is known as granting a writ of certiorari, which directs the lower court to send the case record for review. The Justices discuss these petitions during their conferences, which occur on Wednesdays and Fridays when the Court is in session.
Once a case is accepted, the Justices discuss it and may know their vote after oral arguments. However, they often remain undecided until after the conferences. During these conferences, each Justice expresses their views and votes in descending order of seniority, with the Chief Justice voting first.
In conclusion, the Supreme Court's decision to accept a case hinges on the votes of four out of nine Justices. This process is a crucial step in the Court's review of lower court decisions and the exercise of its original and appellate jurisdiction.
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The Certiorari Act of 1925
The Act eliminated direct appeals from district courts to the Supreme Court, except in certain cases. For example, cases involving interstate commerce, anti-trust legislation, writs of errors by the United States in criminal cases, reviews of rulings of the Interstate Commerce Commission, and injunctions against state administrative agencies were granted direct appeal.
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Frequently asked questions
A notice of constitutional question must be filed, stating the question and identifying the paper that raises it. If a federal statute is questioned, the Attorney General of the United States must be served. If a state statute is questioned, the relevant state attorney general must be served. This can be done by certified or registered mail or by sending it to an electronic address designated by the attorney general.
The Supreme Court is the highest court in the land and has the final say over when a right is protected by the Constitution or when a Constitutional right is violated. It has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. The Supreme Court also has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution.
The Court considers whether the case could have national significance, might harmonize conflicting decisions in federal Circuit courts, or could have precedential value. The Court usually hears cases that have been decided in a US Court of Appeals or the highest court in a given state, and four of the nine Justices must vote to accept a case.
