The Supreme Court's Constitutional Foundation

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. The Supreme Court's powers and prestige have grown substantially over the years, and it plays a crucial role in the constitutional system of government. The Supreme Court's establishment is outlined in Article III, Section 1 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. This article also establishes that the Supreme Court has both original and appellate jurisdiction, with the former referring to cases heard before the Court for the first time, and the latter referring to the Court's authority to review decisions made by lower courts.

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Article III, Section I of the Constitution establishes the federal judiciary

Article III, Section I of the US Constitution establishes the federal judiciary. It states that the judicial power of the United States shall be vested in one Supreme Court and such inferior courts as Congress may establish from time to time. This section is known as one of the three vesting clauses of the Constitution, which vests the judicial power in federal courts, mandates the existence of the Supreme Court, permits the establishment of inferior courts, and sets out the requirements for judges, including good behaviour tenure and the prohibition of salary reduction.

Article III, Section I does not specify the exact powers or prerogatives of the Supreme Court or outline how the judicial branch should be organised. Instead, it provides a general framework, leaving the specifics to be determined by Congress. The Judiciary Act of 1789, enacted by the 1st Congress, established the composition and procedures of the Supreme Court, creating a Supreme Court with six justices and a lower federal court system.

The Supreme Court is the highest court in the federal judiciary of the United States, with ultimate appellate jurisdiction over all federal court cases and state court cases involving questions of federal or constitutional law. It also has original jurisdiction over a narrow range of cases, including those affecting ambassadors, other public ministers, and consuls, and those in which a state is a party.

The Court's power of judicial review, established in the landmark case of Marbury v. Madison in 1803, allows it to declare acts of Congress or the Executive branch unconstitutional. This power is not explicitly mentioned in the Constitution but has been asserted by the Court as part of its authority to interpret the Constitution.

The Supreme Court plays a crucial role in ensuring that each branch of the government recognises its limits and that constitutional rights are upheld. The Court has the final say on whether a right is protected by the Constitution and has the authority to strike down state laws found to be in violation of the Constitution.

The Supreme Court has original and appellate jurisdiction

Article III of the US Constitution establishes the federal judiciary, with Section I stating 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."

Article III, Section I, also establishes that the justices hold office during "good behaviour", and that they are appointed by the President and confirmed by the Senate. The Constitution also states that 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. The Constitution limits original jurisdiction cases to those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers.

Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts. Most of the cases the Supreme Court hears are appeals from lower courts. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction. The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request for the Supreme Court to order a lower court to send up the record of a case for review. The Court usually accepts 100-150 of the more than 7,000 cases it is asked to review each year.

The Supreme Court's original jurisdiction was first established by the Judiciary Act of 1789, which created a Supreme Court with six justices. This Act also established the lower federal court system. The Court's power and prestige grew substantially during the Marshall Court (1801–1835). Under Marshall, the Court established the power of judicial review over acts of Congress, including specifying itself as the supreme expositor of the Constitution in the landmark case of Marbury v. Madison (1803). The Court also ruled that an Act of Congress that is contrary to the Constitution could not stand.

Judicial review and the ability to declare acts unconstitutional

The power of judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not explicitly mentioned in the text of the US Constitution. However, Article III, Section I of the Constitution establishes the federal judiciary and 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 implies that the Supreme Court has the authority to interpret the Constitution and ensure that the other branches of government abide by it.

The concept of judicial review was already established at the time of the Founding. The Privy Council had employed a limited form of judicial review to review colonial legislation and its validity under the colonial charters. During the Constitutional Convention, there was a proposal for a "council of revision" that would include the president and some federal judges to examine and accept or reject new federal laws. This idea was opposed by some delegates who argued that the federal judiciary already had the power to protect against legislative encroachment and did not need an additional mechanism.

The Supreme Court established its power of judicial review in the landmark case of Marbury v. Madison in 1803. In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Court held that an Act of Congress contrary to the Constitution could not stand, thus asserting its power to declare acts of Congress unconstitutional. This case shaped the balance of power between the federal government and the states and established the Court as the supreme expositor of the Constitution.

The Court has also asserted its authority to strike down state laws found to be in violation of the Constitution. After the passage of the Fourteenth Amendment in 1869, the Supreme Court ruled that most provisions of the Bill of Rights were applicable to the states as well, giving the Court the final say over when a Constitutional right is violated. This power of judicial review ensures that each branch of government recognizes its own limits and protects the people against abuse of power by Congress.

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The Supreme Court's role in ensuring government branches recognise their power limits

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Article III, Section I of the US Constitution establishes the federal judiciary, stating 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."

The Supreme Court plays a crucial role in ensuring that each branch of the government recognises the limits of its power. This role is primarily facilitated through the Court's power of judicial review, which is the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803, where the Court asserted its authority to determine the constitutionality of acts of Congress.

The Court's jurisdiction is outlined in Article III, Section II of the Constitution. It has original jurisdiction over a narrow range of cases, including those involving ambassadors, public ministers, and consuls, as well as cases in which a state is a party. In most other cases, the Court has appellate jurisdiction, meaning it can hear cases on appeal that involve points of constitutional or federal law.

The Supreme Court's power of judicial review allows it to strike down laws, presidential directives, and state laws that violate the Constitution. This power ensures that the government branches cannot exceed their constitutionally defined authority. The Court also protects civil rights and liberties by ruling on cases that involve constitutional rights and ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities.

However, it is important to note that the Supreme Court's power is not absolute and is subject to checks and balances. The Constitution grants Congress the authority to determine the types of cases the Court may hear and make exceptions to its jurisdiction. Additionally, the elected branches of government, including Congress and the President, can pass laws and remedy the Court's rulings. The independence of the judiciary is further protected by restrictions on the reduction of justices' salaries during their term of office and the requirement for justices to be appointed by the President and confirmed by the Senate.

The Supreme Court's rules and procedures for accepting and hearing cases

The Supreme Court is the highest court in the federal judiciary of the United States. The US Constitution lays out the rules and procedures for the Supreme Court in Article III, Sections I and II. While the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it.

Article III, Section I 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."

Section I also establishes that the justices hold office during good behaviour and will be compensated for their services.

Article III, Section II establishes the jurisdiction of the Supreme Court, outlining the types of cases the Court can hear. The Court has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. In these cases, the Supreme Court is the first and only court to hear the case. The Court also has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. In these cases, the Court can hear the case on appeal from a lower court.

The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case on appeal. The Supreme Court is not obligated to hear these cases and usually only does so if the case could have national significance, might harmonise conflicting decisions in lower courts, or could have precedential value. The Court accepts 100-150 of the more than 7,000 cases it is asked to review each year.

To accept a case, four of the nine Justices must vote in favour. Once a case is accepted, the petitioner has a certain amount of time to write a brief, not exceeding 50 pages, outlining their legal case. The respondent is then given the same amount of time to file their brief, also not exceeding 50 pages. After the initial petitions, both parties can file additional briefs of a shorter length in response to the other party's position. The US government, represented by the Solicitor General, can file a brief on behalf of the government if it is not directly involved in the case. With the Court's permission, groups that are not directly involved but are interested in the case may also file briefs.

The Justices discuss the cases heard during the week at their Friday conference and decide on which cases to accept or reject. Before the conference, the Justices often discuss the cases with their law clerks to get different perspectives. During the conference, only the Justices are allowed in the room. The Chief Justice calls the session to order, and the Justices shake hands. After discussing the petitions for certiorari, the Justices vote on whether to accept a case.

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