
The US Supreme Court is the highest court in the federal judiciary of the United States. It has original jurisdiction over a narrow range of cases, such as those involving disputes between states or disputes arising among ambassadors. The Court also has appellate jurisdiction, allowing it to review decisions of lower courts and state courts in cases involving federal law or the US Constitution. When the Supreme Court rules on a constitutional issue, it interprets the law and determines whether a law is unconstitutional. This power of judicial review gives the Court the final say on constitutional matters and ensures that government branches do not exceed their authority. The Court's rulings can shape civil rights and liberties, set limits on democratic government, and influence the interpretation and application of federal law.
| Characteristics | Values |
|---|---|
| Number of Justices | 9 |
| Appointment | Appointed by the President and confirmed by the Senate |
| Term | Justices hold office during good behavior, typically for life |
| Jurisdiction | Original and appellate jurisdiction |
| Cases heard | Cases involving the interpretation of federal statutes, disputes between states, disputes arising among ambassadors and other high-ranking ministers |
| Powers | Power of judicial review, ability to invalidate a statute for violating a provision of the Constitution, ability to strike down presidential directives for violating the Constitution or statutory law, authority to review decisions of lower courts |
| Decision-making | Decisions may be influenced by political and institutional considerations, ideological arguments, and doctrinal innovations |
| Impact | Rulings may have national significance, harmonize conflicting decisions in federal Circuit courts, and set precedents |
| State court involvement | The Supreme Court reviews state court decisions involving issues of federal law, constitutional rights, and procedural rules |
| Case acceptance rate | Accepts 100-150 of the more than 7,000 cases it is asked to review each year |
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What You'll Learn

The Supreme Court has the final say on Constitutional issues
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 has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states and/or cases involving ambassadors and other public ministers. The Court also has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law.
The Supreme Court plays a crucial role in the constitutional system of government. Firstly, as the highest court in the land, it is the court of last resort for those seeking justice. Secondly, its power of judicial review ensures that each branch of government recognises the limits of its authority. Thirdly, it safeguards civil rights and liberties by striking down laws that violate the Constitution. Finally, it sets limits on democratic governments by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.
The Supreme Court has the authority to review the decisions of lower courts. Parties who are dissatisfied with the decision of a lower court can petition the U.S. Supreme Court to hear their case. The Court usually accepts a case if it could have national significance, might harmonise conflicting decisions in federal Circuit courts, or could have precedential value.
While the Supreme Court does not make laws, it can interpret them in ways that differ significantly from their intended meaning. For example, the Court can decide whether a law is unconstitutional, and it can strike down presidential directives for violating the Constitution or statutory law. However, when the Court rules on matters involving the interpretation of federal statutes rather than the Constitution, legislative action can reverse the Court's decisions.
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The Supreme Court's role in the constitutional system
Article III, Section I of the US Constitution establishes the Supreme Court, vesting it with the "judicial Power of the United States". The Supreme Court is the highest court in the land, serving as the court of last resort for those seeking justice. It plays a crucial role in the constitutional system of government in several key ways:
Interpreting the Constitution
The Supreme Court has the power of judicial review, enabling it to interpret the Constitution and determine whether laws passed by Congress or state legislatures are consistent with it. This power allows the Court to strike down laws that violate the Constitution, thereby protecting civil rights and liberties.
Ensuring separation of powers
Through its judicial review power, the Supreme Court ensures that each branch of the government recognises and respects the limits of its authority. This helps maintain the system of checks and balances inherent in the US constitutional system.
Safeguarding minority rights
The Supreme Court prevents the majority from passing laws that may harm or unfairly advantage minority groups. By upholding the Constitution, the Court ensures that fundamental rights and freedoms, such as freedom of speech, religion, and due process, are protected for all, regardless of their popularity with the majority.
Resolving disputes between states
The Supreme Court has original jurisdiction over certain types of cases, including disputes between two or more states or cases involving ambassadors and other public ministers. This means that the Supreme Court is the first and only court to hear these cases.
Appellate jurisdiction
The Supreme Court also has appellate jurisdiction, giving it the authority to review decisions made by lower courts. The Court typically accepts cases that have been decided in a US Court of Appeals or the highest court in a given state, particularly if they involve a Constitutional issue. The Court has the discretion to choose which cases to hear and usually selects those with national significance or potential for setting precedents.
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Original and appellate jurisdiction
The US Supreme Court has both 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. Most of the cases that the US Supreme Court hears are appeals from lower courts.
Article III, Section 2 of the Constitution grants the Supreme Court original jurisdiction over select cases, namely those affecting ambassadors, other public ministers and consuls, and those in which one of the 50 states is a party. For these types of cases, the parties can bring their controversy directly to the Supreme Court, though the Supreme Court still has discretion as to whether or not to hear the case.
Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts. The Court can hear a case on appeal on almost any other case that involves a point of constitutional and/or federal law. The Supreme Court has repeatedly stated that it is obligated to take and decide cases that meet these jurisdictional standards.
Congress has authorized Supreme Court review of decisions of state courts and lower federal courts through two procedural mechanisms: appeals and petitions for a writ of certiorari. The Court has discretion to grant or deny review via a petition for a writ of certiorari. The Court usually only hears cases that have been decided in either an appropriate US Court of Appeals or the highest court in a given state (if the state court decided a Constitutional issue).
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Certiorari and petitioning the court
Certiorari is a Latin legal term that refers to a type of writ or court order. In the context of the US Supreme Court, a writ of certiorari is issued by the Supreme Court directing a lower court to deliver its record in a case so that the Supreme Court may review it. The Supreme Court has the discretion to decide which cases it will hear, and it typically only hears cases that present important questions of federal law or cases where there is a conflict between the decision of the lower court and the decisions of other federal courts or the Supreme Court itself.
To petition the Supreme Court for a writ of certiorari, a party must file a petition with the Clerk of the Court within 90 days after the entry of the judgment in the lower court. The petition must comply with the Supreme Court's rules, including Rule 14, which sets out the required content of the petition. For example, the petition must include the date the judgment or order sought to be reviewed was entered, a concise statement of the questions presented for review, and a list of all parties to the proceeding. The petition should be stated briefly and in plain terms, and it must not exceed the specified word or page limits.
The Supreme Court receives many petitions for writs of certiorari, and it denies the vast majority of them. The Court's law clerks play an important role in the certiorari process by reading the petitions, writing memoranda about the cases, and making recommendations to the Justices about whether to grant or deny the petitions. The Justices then meet to discuss the petitions and decide which cases to accept or reject. If the Court grants a petition, the case is placed on the docket, and the parties proceed to file briefs and present oral arguments.
It is important to note that the merits of a case are not the main factor in the Supreme Court's decision to grant a writ of certiorari. Instead, the Court is primarily concerned with cases that involve unsettled questions of federal constitutional or statutory law or conflicts between lower courts on important issues of federal law. Therefore, petitioners for certiorari must focus their petitions on demonstrating that their case meets the criteria for review set out by the Supreme Court.
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The Supreme Court's power to strike down laws
The Supreme Court of the United States is the highest court in the country. It was established by Article III, Section I of the US Constitution, which 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."
While the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices. The number of justices has varied over the years, but since the Civil War, there have been nine justices on the Court: one Chief Justice and eight Associate Justices. These justices are appointed by the President and confirmed by the Senate, serving during good behavior, typically for life.
The Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case, and it generally applies to cases involving disputes between two or more US states or disputes involving foreign nations. On the other hand, appellate jurisdiction means that the Court is reviewing a decision made by a lower court, and it applies to cases that implicate federal law or the Constitution.
The Supreme Court first asserted its authority to strike down laws as unconstitutional in the landmark case of Marbury v. Madison in 1803. In this case, the Court refused to issue a writ of mandamus (a legal order compelling a government official to act) because it found that the relevant clause of Section 13 of the Judiciary Act of 1789 violated Article III of the Constitution. This was the first of many laws struck down by the Supreme Court on constitutional grounds.
The Court's power to strike down laws is essential for protecting civil rights and liberties and ensuring that the majority cannot pass laws that harm or take advantage of unpopular minorities. It also helps enforce the separation of powers and constitutional checks and balances by invalidating actions by the executive and legislative branches that exceed their constitutional authority.
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Frequently asked questions
Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case by asking it to grant a writ of certiorari. 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. If the Justices decide to accept a case, the petitioner has a certain amount of time to write a brief, not exceeding 50 pages, putting forth their legal case.
The US Supreme Court is the highest court in the federal judiciary system and plays a crucial role in ensuring that each branch of the government recognizes its power limits. It protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic governments by ensuring that popular majorities cannot pass laws that harm minorities.
The US Supreme Court currently comprises nine Justices, including 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.
Yes, simple legislative action can reverse the Court's decisions when they involve the interpretation of federal statutes rather than the Constitution. For example, in 2009, Congress passed the Lilly Ledbetter Fair Pay Act, superseding the limitations given in the Court's ruling in Ledbetter v. Goodyear Tire & Rubber Co. in 2007.

















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