Isabella Carter
The US Constitution's preamble, drafted in 1787, outlines the intention to establish Justice. The constitution establishes the federal judiciary and the Supreme Court, which acts as the highest court and court of last resort for those seeking justice. The Supreme Court plays a critical role in the constitutional system of government, ensuring each branch recognises its power limits and protecting civil rights and liberties by striking down unconstitutional laws. The Court's power of judicial review allows it to declare acts of Congress or the Executive unconstitutional, safeguarding against violations of the Constitution and ensuring justice is served.
| Characteristics | Values |
|---|---|
| The Supreme Court as the highest court in the land | The court of last resort for those seeking justice |
| Federal judiciary | The institutional custodian of justice |
| Jurisdiction | The legal ability to hear a case |
| Original jurisdiction | A case tried before the court |
| Appellate jurisdiction | The court can hear the case on appeal |
| Judicial review | The ability to declare a Legislative or Executive act in violation of the Constitution |
| The number of justices | One Chief Justice and eight Associate Justices |
| Appointment of justices | Appointed by the President and confirmed by the Senate |
| Tenure of justices | Typically hold office for life |
| Judiciary's power | Creating a system of Federal private law, joining with Congress and Federal agencies in administering regulations, defining property and privacy rights, and ordering social remedies validated by statutes and the Constitution |
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What You'll Learn
The Supreme Court
> "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."
The Constitution permits Congress to decide how to organise the Supreme Court, and it first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices. The number of seats on the Court has varied over the years, but since shortly after the Civil War, there have been nine Justices: one Chief Justice and eight Associate Justices.
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Judicial review
Article III of the Constitution establishes the federal judiciary, including the Supreme Court and inferior courts ordained and established by Congress. The judiciary is designed to be an independent branch of government, with judges appointed by the President and confirmed by the Senate, holding office for life, and receiving protected salaries during their terms. These safeguards aim to protect the judiciary from political influence and ensure its impartiality in interpreting and applying the law.
The Supreme Court's power of judicial review has significant implications for justice and the protection of individual rights. Firstly, it acts as a check on the powers of the legislative and executive branches, preventing them from exceeding their constitutional authority. Secondly, it safeguards civil rights and liberties by striking down laws that violate constitutional guarantees, such as freedom of speech, freedom of religion, and due process of law. The Court's decisions in this regard have a profound impact on society, shaping the legal framework and ensuring that the government respects the fundamental rights of its citizens.
In addition to interpreting the Constitution, the federal judiciary, including the Supreme Court, plays a crucial role in creating and administering Federal private law. They work alongside Congress and Federal agencies in this regard. The judiciary also defines property and privacy rights and orders social remedies validated by statutes and the Constitution. This aspect of judicial power has a significant impact on the day-to-day lives of citizens, ensuring that their rights and freedoms are protected and promoted.
The power of judicial review is an essential tool for the Supreme Court to uphold the Constitution and protect the rights of Americans. While it is not explicitly mentioned in the Constitution, the Court's interpretation in Marbury v. Madison has had a lasting impact on the country's political and legal landscape. By exercising judicial review, the Court ensures that the government operates within its constitutional boundaries and that the rights and liberties of citizens are preserved, demonstrating the judiciary's critical role in maintaining justice and the rule of law.
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Jurisdiction
The Supreme Court's appellate jurisdiction is not obligatory, and it has the discretion to decide whether or not to hear a case. This discretion is granted by the Certiorari Act of 1925, which allows the Court to review a case upon a petition for a writ of certiorari. The Supreme Court receives thousands of petitions each year but only agrees to hear about 100-150 of them.
The Constitution also grants Congress the power to establish inferior courts to the Supreme Court. The Judiciary Act of 1789 created a lower federal court system and established the number of seats on the Supreme Court. Over the years, various Acts of Congress have altered the number of seats, but since shortly after the Civil War, the number has been fixed at nine, including one Chief Justice and eight Associate Justices.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court in the land, it is the final resort for those seeking justice. Its power of judicial review ensures that each branch of government recognizes its limits and protects civil rights and liberties by striking down laws that violate the Constitution. The Court's decisions have a significant impact on society, ensuring that the changing views of the majority do not undermine fundamental values such as freedom of speech, religion, and due process of law.
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Federal judiciary
The US Constitution establishes the federal judiciary in Article III, 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." This article also permits Congress to decide how to organise the Supreme Court, a power first exercised through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
The federal judiciary, with the Supreme Court at its apex, functions as the institutional custodian of justice. The Supreme Court is the highest court in the land and the court of last resort for those seeking justice. It plays a crucial role in maintaining a balance of power between the branches of government by exercising judicial review, which allows it to declare acts of Congress or state legislatures unconstitutional if they violate the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803.
The justices of the Supreme Court are appointed by the President and confirmed by the Senate, serving for life with their salaries protected from reduction during their term. These safeguards are designed to protect the independence of the judiciary from political interference.
The Supreme Court has original jurisdiction over specific cases, such as disputes between states or cases involving ambassadors, and appellate jurisdiction over a broad range of cases, including those involving constitutional or federal law. The Court has the discretion to decide whether to hear a case within its appellate jurisdiction, typically selecting around 100-150 cases each year from thousands of petitions.
Beyond the Supreme Court, the federal judiciary's power has included creating a system of Federal private law, collaborating with Congress and Federal agencies in administering regulations, defining property and privacy rights, and ordering social remedies validated by statutes and the Constitution.
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Civil rights and liberties
The Bill of Rights, the first ten amendments added to the Constitution in 1791, protects civil liberties and may be divided into two broad areas: freedoms and rights guaranteed in the First Amendment (religion, speech, press, assembly, and petition) and liberties and rights associated with crime and due process. The Fourteenth Amendment, ratified in 1868, also protects civil rights by prohibiting state governments from violating the rights and liberties of citizens.
The right to vote is a core principle of American democracy, and civil rights crusaders have worked to knock down legal barriers to voting access. However, challenges remain, such as discriminatory laws and efforts to reduce access. The Voting Rights Act aims to block discriminatory laws and defend access to voting.
The right to privacy has been a justification for decisions in several civil liberties cases, including Pierce v. Society of Sisters, Roe v. Wade, and Lawrence v. Texas. The Supreme Court has also found that the Constitution guarantees a right to privacy against governmental intrusion.
While the Constitution does not explicitly mention sexual freedom, popular opinion has influenced the concept's evolution, including freedoms related to sexual expression, choices, education, reproductive justice, and health.
In conclusion, civil rights and liberties are fundamental to American society, and the Constitution and federal laws provide critical protections for these rights. These include freedoms of religion, speech, and press, as well as the right to vote, due process, and privacy. The Bill of Rights and the Fourteenth Amendment offer further safeguards, and ongoing efforts strive to secure and expand these liberties for all Americans.
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Frequently asked questions
The US Constitution outlines five objectives, with the first being to "establish Justice". The other four are to "insure domestic Tranquility", "provide for the common defence", "promote the general Welfare", and "secure the Blessings of Liberty to ourselves and our Posterity".
The US Constitution establishes justice by creating a federal judiciary, with the Supreme Court at its apex. The judiciary is intended to function as the institutional custodian of justice. The Supreme Court plays a crucial role in ensuring that each branch of government recognises its own power limits and protects civil rights and liberties.
The Supreme Court is the highest court in the US and is the court of last resort for those seeking justice. It has original jurisdiction over cases between states, those involving ambassadors, and other public ministers. It also has appellate jurisdiction over almost any other case involving constitutional or federal law.
