Eleanor Finch
The judiciary plays a crucial role in upholding the constitution and ensuring that government actions do not violate it. This power of judicial review allows courts to strike down laws or actions that are deemed unconstitutional. For instance, in the United States, the Supreme Court has the authority to review acts of Congress and determine their constitutionality, as seen in the Marbury v. Madison case in 1803. This power extends to reviewing executive orders and state laws, with federal courts assessing the validity of presidential directives and state courts interpreting state constitutions. While the judiciary is intended to protect against legislative overreach, concerns about judicial overreach have also arisen, highlighting the delicate balance of powers in a constitutional system.
| Characteristics | Values |
|---|---|
| Power of Judicial Review | Supreme Court's ability to declare a Legislative or Executive act in violation of the Constitution |
| Federal Judiciary | Federal judiciary reviews the constitutionality of legislation enacted by Congress |
| Supreme Court's Authority | Supreme Court can strike down state laws found to be in violation of the Constitution |
| Supreme Court's Jurisdiction | Original jurisdiction (a case is tried before the Court) and appellate jurisdiction (the Court can hear the case on appeal) |
| Federal Court Jurisdiction | Federal courts have jurisdiction over civil suits arising under the Constitution, federal law, and treaties |
| Supreme Court Justices | There is one Chief Justice and eight Associate Justices |
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What You'll Learn
The Supreme Court's power to declare acts unconstitutional
The Supreme Court's authority to declare acts unconstitutional was established in the landmark case of Marbury v. Madison in 1803. In this case, the Court decided that an Act of Congress could not take precedence over the Constitution, which is established as the supreme law of the land. This set a precedent for the Court's power of judicial review, which has since become an established part of constitutional law.
The Supreme Court has original jurisdiction, or the legal ability to hear a case in the first instance, over certain types of cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear cases on appeal from lower courts. This includes cases involving constitutional or federal law, such as those involving treaties or ships on the high seas (admiralty cases).
Over the years, the Supreme Court has played a significant role in shaping constitutional law and ensuring that the branches of government respect their limits. As of 2014, the Court had held 176 Acts of Congress unconstitutional, either in whole or in part. Notable examples include the 1968 case of United States v. Jackson, where the Court held that the imposition of the death penalty only if recommended by a jury penalised the defendant's Sixth Amendment right to a jury trial. In 2017, the Court also struck down a portion of the 1946 Lanham Act as infringing on freedom of speech.
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The judiciary's authority to review executive orders
The power of the judiciary to review executive orders is a key aspect of the checks and balances in the US constitutional system. While the text of the Constitution does not explicitly mention judicial review, the Supreme Court established this power in the case of Marbury v. Madison (1803). In this landmark case, the Court asserted its authority to declare a Legislative or Executive act in violation of the Constitution, with Chief Justice John Marshall stating that the Constitution is "a superior, paramount law, unchangeable by ordinary means".
Federal courts have reviewed executive orders on numerous occasions, often in the context of attempts to invalidate them or halt their enforcement. For example, in Ex parte Milligan (1866), the Supreme Court struck down one of Lincoln's wartime executive orders, finding that it violated constitutional provisions, including the right to a jury trial in criminal cases. Similarly, in Farmer v. Philadelphia Electric Co. (1964), the U.S. Court of Appeals for the Third Circuit rejected the argument that an executive order prohibiting racial discrimination by government contractors gave rise to a constitutional claim against a private corporate employer.
The judiciary's review of executive orders also extends to assessing the validity of formal directions issued by the president to executive branch agencies and officials. This helps define the scope of presidential powers and ensures that administrative agencies act within constitutional boundaries. While federal courts have jurisdiction over civil suits arising under the Constitution, they have held that executive orders not authorized by Congress are not considered "federal law" for these purposes.
The judiciary's power to review executive orders is a crucial mechanism for upholding the rule of law and maintaining the balance of powers between the different branches of government. It provides a check on executive power and ensures that the Constitution remains the supreme law of the land.
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State courts' ability to review state laws and actions
State courts have the ability to review state laws and actions, and this power is known as judicial review. This power is not explicitly mentioned in the US Constitution, but it has been inferred from its structure, provisions, and history. The Supreme Court's ability to review state laws and actions was established in the case of Marbury v. Madison in 1803, where the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus, which are legal orders compelling government officials to act in accordance with the law.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. The Court also has appellate jurisdiction, which means it can hear almost any other case on appeal that involves a point of constitutional or federal law. This includes cases where the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).
The Supreme Court has the authority to strike down state laws found to be in violation of the Constitution. This authority was confirmed in the Fourteenth Amendment (1869), which made the provisions of the Bill of Rights applicable to the states. As such, the Supreme Court has the final say on whether a right is protected by the Constitution or when a Constitutional right has been violated.
In addition to reviewing state laws, the Supreme Court can also review the actions of the executive branch, including executive orders. These cases often involve attempts to invalidate or halt the enforcement of executive orders or to enforce rights allegedly created by an executive order. The Supreme Court's review of executive orders helps to define the scope of presidential powers and is an important aspect of the checks and balances in the American constitutional system.
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Judicial interpretation of the constitution
Article III of the Constitution establishes the federal judiciary, with the Supreme Court at its apex. The Court's interpretation of the Constitution is final and cannot be overturned by any other branch of government. This power ensures that the Constitution remains the supreme law of the land, above any legislative or executive act. The Court's interpretation serves as a check on the powers of the legislative and executive branches, preventing them from exceeding their constitutional boundaries.
In exercising judicial interpretation, the Supreme Court examines laws, acts of Congress, and executive actions to ensure they comply with the Constitution. For instance, in Ex parte Milligan (1866), the Court struck down one of Lincoln's wartime executive orders, finding it violated the constitutional right to a jury trial in criminal cases. Similarly, in the case of a Virginia poll tax law, the Court ruled that the law violated the 14th Amendment's guarantee of equal protection, demonstrating how judicial interpretation protects citizens' constitutional rights.
State courts also possess the power to interpret their state constitutions and review state laws and actions accordingly. They can strike down state statutes that conflict with federal laws or the US Constitution, upholding the principle of federal supremacy. Additionally, federal courts have jurisdiction over civil suits arising under the Constitution, federal law, and treaties, further reinforcing the protection of constitutional rights.
The judiciary's interpretation of the Constitution is a fundamental aspect of America's system of checks and balances. It ensures that the government operates within the limits set by the Constitution and protects the rights and liberties of the people. This power of judicial review is a crucial tool for maintaining the integrity and supremacy of the Constitution.
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The role of federal judges in protecting against legislative encroachment
The federal judiciary plays a crucial role in safeguarding against legislative encroachment and upholding the Constitution. Article III of the Constitution establishes the federal judiciary, with the Supreme Court at its apex, and grants it the power to adjudicate cases and interpret the law of the land. Federal judges are appointed by the President and confirmed by the Senate, serving for life and enjoying protection against salary decreases during their term. This independence from political branches is essential for maintaining judicial impartiality.
One of the most significant powers of the Supreme Court is judicial review, established in the landmark case of Marbury v. Madison (1803). This power enables the Court to scrutinize and invalidate acts of Congress or the Executive branch that contravene the Constitution. The Court's authority extends to striking down state laws that violate constitutional rights, ensuring that each branch of government respects the separation of powers and operates within its constitutional limits.
Federal judges, through their interpretation of the law, help define the scope of presidential powers and legislative authority. They review the constitutionality of legislation, executive orders, and administrative actions, ensuring that they do not exceed the boundaries set by the Constitution. This check on legislative and executive power is a critical aspect of the American system of checks and balances. For instance, the Supreme Court has invalidated presidential orders when Congress oversteps its authority by delegating excessive power to the President.
Additionally, federal courts, including the Supreme Court, play a pivotal role in enforcing their decisions and maintaining the rule of law. While they possess limited enforcement powers, their rulings carry significant weight, and historical compliance with court orders has been largely achieved through public respect for the judiciary. In contentious cases, such as the desegregation crisis following Brown v. Board of Education (1954), the executive branch has intervened to enforce court orders, demonstrating the collaborative nature of governance and the checks and balances inherent in the system.
In conclusion, federal judges, through their interpretation and enforcement of the law, act as guardians against legislative encroachment. Their power of judicial review and their independence from political influence enable them to hold the legislative and executive branches accountable to the Constitution, thereby preserving the delicate balance of powers and protecting the rights of citizens.
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Frequently asked questions
The judiciary plays a crucial role in interpreting the laws and ensuring that the government operates within the limits set by the Constitution. The federal judiciary has the power to declare laws or acts of Congress unconstitutional, thereby protecting citizens from abuse of power by the legislature.
The Supreme Court is the highest court in the land and acts as a court of last resort for those seeking justice. It has the power to review acts of Congress and determine if they are unconstitutional. The Supreme Court's interpretation of the Constitution is final, and there is no power to overrule its judgment.
One example is the case of *Marbury v. Madison* (1803), where the Supreme Court established its power of judicial review. The Court held that an Act of Congress contrary to the Constitution is invalid. Another example is *Ex parte Milligan* (1866), where the Court struck down one of Lincoln's wartime executive orders, finding it violated the right to a jury trial in criminal cases.
