Omar Bennett
The United States Constitution establishes the Supreme Court as the highest court in the land, with the power of judicial review, and the final say on matters of constitutional interpretation. The Supreme Court plays a crucial role in ensuring that the government's three branches recognise their limits and protecting civil rights and liberties by striking down laws that violate the Constitution. However, what happens when judges themselves violate the Constitution? This question has been at the heart of several landmark cases, including Allah's case, where qualified immunity, a legal doctrine, shielded jail officials from liability for violating Allah's constitutional rights during pretrial detention. The Supreme Court's creation of qualified immunity has been criticised for making it extremely difficult to hold government officials personally accountable for wrongdoing. As such, the recourse for constitutional violations by judges is a complex and evolving area of law, with ongoing debates about the appropriate balance between judicial independence and accountability.
| Characteristics | Values |
|---|---|
| Recourse for violation of constitutional rights | Section 1983 holds state and local government officials liable for money damages in federal court if they have violated constitutional rights. |
| Supreme Court as the highest court | The Supreme Court is the court of last resort for those seeking justice. |
| Supreme Court's role in ensuring constitutionality | The Supreme Court has the power of judicial review, ensuring each branch of government recognizes its limits. It protects civil rights and liberties by striking down laws that violate the Constitution. |
| Independence of judges | Judges should act without fear or favor, maintaining integrity and independence to ensure public confidence in the judiciary. |
| Judicial immunity | Judges are generally immune from suits for damages, but they may be called to account by impeachment and removed from office if found faithless, corrupt, dishonest, partial, oppressive, or arbitrary. |
| Judicial interpretation of the Constitution | Courts have the responsibility to interpret the Constitution and any laws passed by Congress, ensuring that the Constitution takes precedence in case of conflict. |
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What You'll Learn
Supreme Court's role in the constitutional system of government
The Supreme Court is the highest court in the United States, and it plays a crucial role in the constitutional system of government. The Court's decisions have a profound impact on society, influencing not just lawyers and judges but also the general public, as seen in landmark cases such as Tinker v. Des Moines Independent School District, which affirmed students' rights to free expression.
Firstly, as the court of last resort, it is the highest judicial authority, providing a final recourse for those seeking justice. The Supreme Court has both original and appellate jurisdiction, with the power to hear cases on appeal that involve constitutional or federal law. This includes disputes between states, cases involving ambassadors, and those involving treaties or ships on high seas (admiralty cases). The Court's discretion in choosing which cases to hear is outlined in the Certiorari Act of 1925, and it agrees to review around 100-150 cases out of over 7,000 petitions annually.
Secondly, the Supreme Court ensures that each branch of the government respects the limits of its power. Through its power of judicial review, the Court can declare legislative or executive acts unconstitutional, safeguarding the Constitution as the supreme law of the land. This role was established in the Judiciary Act of 1789, which gave the Court the authority to issue writs of mandamus, compelling government officials to act lawfully.
Thirdly, the Court protects civil rights and liberties by striking down laws that violate the Constitution. This role expanded after the passage of the Fourteenth Amendment in 1869, allowing the Court to rule on states' compliance with most provisions of the Bill of Rights. The Court ensures that popular majorities cannot pass laws that harm or take undue advantage of minorities, thus preserving fundamental values like freedom of speech, religion, and due process.
Additionally, the Supreme Court's 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, safeguarding judicial independence.
While the Supreme Court plays a vital role in upholding the Constitution, concerns have been raised about the doctrine of qualified immunity, which critics argue shields government officials from accountability for constitutional violations. This rule, created by the Court itself, has been criticised for undermining justice and allowing misconduct to go unpunished.
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Judicial review and the Supreme Court
Judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a state constitution, or the United States Constitution. While the US Constitution does not explicitly define the power of judicial review, the authority for judicial review has been inferred from its structure, provisions, and history.
The Supreme Court is the highest court in the United States and is the final court of appeal for those seeking justice. It has the power of judicial review, which it has used to strike down laws that violate the Constitution. The Supreme Court also ensures that each branch of the government recognizes the limits of its power. It protects civil rights and liberties and sets appropriate limits on democratic governments, ensuring that popular majorities cannot pass laws that harm minorities.
The Supreme Court's power of judicial review is not explicitly mentioned in the Constitution but is derived from Article III and Article VI. The Supreme Court's authority to strike down state laws that violate the Constitution was established in subsequent cases after the Court held that an Act of Congress that contradicted the Constitution could not stand.
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 treated the state constitution as the fundamental law of the state and applied it instead of an act of the legislature that was inconsistent with the state constitution.
The Supreme Court has held 483 laws unconstitutional in whole or in part between 1960 and 2019. Two landmark decisions by the Supreme Court confirmed the inferred constitutional authority for judicial review. In 1796, Hylton v. United States was the first case involving a direct challenge to the constitutionality of an act of Congress, the Carriage Act of 1794, which imposed a "carriage tax". The Court performed judicial review of the plaintiff's claim that the carriage tax was unconstitutional.
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Qualified immunity
The doctrine of qualified immunity applies to civil lawsuits and protects government officials from financial burdens when acting in good faith in legally ambiguous situations. It is based on the idea of balancing the need to hold officials accountable for irresponsible behaviour with the need to shield them from harassment and liability when they act reasonably. However, critics argue that it has become a barrier to justice, particularly in cases involving police brutality and excessive force, where it has been used to deny victims their constitutional rights.
To determine whether qualified immunity applies, courts use a two-part test: first, they assess if a constitutional right has been violated; second, they evaluate whether that right was clearly established at the time of the incident. This analysis considers the perspective of a hypothetical reasonable official and the laws in force at the time, rather than those in effect during the court proceedings.
The Supreme Court or Congress has the authority to reform or abolish qualified immunity. Critics argue that it undermines Section 1983 of the U.S. Code, which allows citizens to sue public officials for violating their constitutional rights. The ACLU and other organisations have joined forces to urge the Supreme Court to reconsider qualified immunity and ensure that victims of official misconduct can hold the government accountable.
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Judicial independence and integrity
The Code of Conduct for United States Judges outlines specific guidelines to uphold these principles. For instance, Canon 1 states that judges should uphold the integrity and independence of the judiciary, maintaining high standards of conduct to preserve the integrity and independence of the judicial system. Canon 3B(4) prohibits judges from engaging in or tolerating workplace harassment, abusive behaviour, or retaliation. Canon 2 emphasises the avoidance of impropriety or the appearance of impropriety in all activities. Canon 4 addresses extrajudicial activities, allowing judges to engage in activities consistent with their judicial office. Canon 5 focuses on refraining from political activity.
The consequences of violating these ethical canons can vary depending on the circumstances, but the primary goal is to prevent harm to those affected and to prevent recurrence. Judicial-conduct and judicial-disability proceedings outline procedures for addressing misconduct, including reporting reliable information to the relevant chief district judge or chief circuit judge.
Additionally, the Supreme Court plays a crucial role in safeguarding judicial independence and integrity. As the highest court in the land, it serves as the final arbiter of justice and ensures that other branches of government respect their constitutional limits. The Supreme Court's power of judicial review allows it to strike down laws that violate the Constitution, protecting civil rights and liberties.
However, the Supreme Court has also been criticised for creating loopholes, such as the doctrine of qualified immunity, which shields government officials from personal liability for constitutional violations. This has led to concerns about accountability and justice, especially in cases where individuals' constitutional rights have been infringed.
To address these challenges, organisations like the American Civil Liberties Union (ACLU) advocate for reforms to ensure that victims of official misconduct can hold the government accountable. Regional networks, such as the Judicial Integrity Network in ASEAN, also promote transparency, accountability, and integrity within the judicial system.
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Judicial immunity
In the United States, judicial immunity is among a handful of forms of absolute immunity, including prosecutorial immunity, legislative immunity, and witness immunity. Judicial immunity is a form of sovereign immunity that protects judges and other judiciary employees from liability resulting from their judicial actions. It ensures that judges are shielded from improper influence and can make decisions that contribute to the rule of law. However, it does not protect judges from suits arising from administrative decisions made outside their judicial capacity, such as hiring and firing.
The concept of judicial immunity has been scrutinized in recent years, with concerns about judges' misconduct and the erosion of public trust in the judiciary. While the majority of judges behave properly, there have been instances of substantial transgressions, such as death threats and exploitation of power. To maintain public confidence, judges are expected to uphold high standards of conduct and adhere to a Code of Conduct. This code includes rules against harassment, abusive behavior, and retaliation, as well as requirements to report reliable information of misconduct or disability that threatens the judiciary.
In the United States, the Supreme Court has the power of judicial review, allowing it to declare acts of the legislative or executive branch unconstitutional. This power is not explicitly mentioned in the Constitution but is derived from Article VI, which establishes the Constitution as the supreme law of the land. The Supreme Court, as the highest court, is the final resort for those seeking justice and plays a crucial role in protecting civil rights and liberties.
Despite the Supreme Court's role in interpreting the Constitution, there have been cases where judges' decisions have violated individuals' constitutional rights. One notable example is the case of Allah, who was placed in solitary confinement before being convicted of a crime. While four federal judges agreed that this violated his constitutional rights, Allah lost his case due to the doctrine of qualified immunity, which shields government officials from personal liability for constitutional violations unless the law was ""clearly established." This doctrine has been criticized for undermining constitutional rights and impeding justice and accountability.
In conclusion, while judicial immunity is intended to protect the independence and impartiality of the judiciary, it has also led to concerns about accountability and the protection of constitutional rights. The Supreme Court's power of judicial review and interpretation of qualified immunity plays a crucial role in balancing these concerns and ensuring that the rights of individuals are upheld.
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