Isabella Carter
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. It has the power to declare a Legislative or Executive act in violation of the Constitution, a power known as judicial review. The Supreme Court has developed a large body of judicial decisions, or precedents, interpreting the Constitution. The Court has historically considered several prudential and pragmatic factors when deciding whether to overrule a precedent. The first factor is the quality of the Court's reasoning in the prior case. The second factor is workability, or whether the precedent's rules or standards are too difficult for lower federal courts or other interpreters to apply and are thus unworkable. The third factor is inconsistency with related decisions, or whether the precedent departs from the Court's other decisions on similar constitutional questions. The Supreme Court has shown less reluctance to overrule its decisions on constitutional questions than on statutory questions.
| Characteristics | Values |
|---|---|
| Power of the Supreme Court | Judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution |
| Supreme Court's role in the Constitution | Established by Article III, Section I of the Constitution; has original and appellate jurisdiction |
| Number of Justices | Nine Justices, including one Chief Justice and eight Associate Justices |
| Appointment and tenure of Justices | Appointed by the President, confirmed by the Senate; hold office during good behavior, typically for life |
| Supreme Court's term | Begins on the first Monday in October and goes through the Sunday before the first Monday in October of the following year |
| Supreme Court's authority | Can strike down state laws, acts of Congress, and presidential directives found to be in violation of the Constitution |
| Supreme Court's interpretation of the law | Has unchecked power to interpret the laws with no accountability; can use vagueness and creative interpretation of the text to justify decisions |
| Supreme Court's case acceptance | Accepts around 100-150 cases out of more than 7,000 petitions each year; four of the nine Justices must vote to accept a case |
| Criticisms and concerns | Lack of external enforcement of ethics, potential for self-indulgence, misuse of Commerce Clause, and excessive power |
| Limiting the Supreme Court | Can be overruled by passing a Constitutional Amendment that overrides a specific decision |
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What You'll Learn
The Supreme Court's power of judicial review
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's power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution, is not explicitly mentioned in the text of the Constitution. However, the Court established this power 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 that is contrary to the Constitution could not stand, as Article VI of the Constitution establishes the Constitution as the supreme law. This case also gave the Court the power to specify itself as the supreme expositor of the Constitution.
When determining whether to overrule a prior decision or precedent, the Supreme Court considers several "prudential and pragmatic" factors. These factors include the quality of reasoning in the prior case, the workability of the precedent, and inconsistency with related decisions. The Court has shown more willingness to overrule its decisions on constitutional questions than on statutory questions. However, the Court has stated that there must be strong grounds or special justification for overruling a precedent beyond mere disagreement.
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The Court's ability to strike down state laws
The US Supreme Court takes its authority from Article III of the US Constitution, which established it as one of the three main organs of the federal government. The Court's jurisdiction, or legal ability to hear a case, is established by Article III, Section II of the Constitution. The Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law.
The Supreme Court's best-known power is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established by the Court in the case of Marbury v. Madison (1803). In this case, the Court decided that an Act of Congress that is contrary to the Constitution could not stand.
In subsequent cases, the Court established its authority to strike down state laws found to be in violation of the Constitution. The Fourteenth Amendment (1869) extended the provisions of the Bill of Rights to the states, giving the Supreme Court the final say over when a Constitutional right is violated. The Court has used its power of judicial review to strike down state laws that violate the Constitution, ensuring that each branch of government recognizes the limits of its power.
The Supreme Court has played a significant role in shaping the constitutional system of government. It has ruled on issues such as the establishment of a national bank, the regulation of commerce, and racial segregation in schools. For example, in Brown v. Board of Education, the Court overturned Plessy v. Ferguson (1896) and held that state laws requiring or allowing racially segregated schools violate the Equal Protection Clause of the Fourteenth Amendment. The Court's decisions have had a profound impact on society, influencing landmark cases involving civil rights and liberties.
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The Court's role in ensuring each branch recognises its power limits
The Supreme Court is the highest court in the United States, and it plays a crucial role in ensuring that each branch of the government recognises and respects the limits of its power. This role is primarily facilitated through the Court's power of judicial review, which allows it to declare acts of Congress or the Executive (President) unconstitutional. This power was established in the landmark case of Marbury v. Madison in 1803, where the Court asserted that the Constitution, not an Act of Congress, is the supreme law of the land.
The Court's ability to exercise judicial review ensures that the other branches of government do not exceed their constitutional authority. For example, the Court can strike down executive orders issued by the President if they are deemed unconstitutional or beyond the President's authority. Notably, the Court has invalidated some of President Lincoln's wartime executive orders, such as in Ex parte Milligan (1866), where the Court ruled that trying civilians by military commissions in states with functioning civilian courts was unconstitutional.
Additionally, the Supreme Court has the authority to review and invalidate state laws that violate the Constitution. This power was expanded after the passage of the Fourteenth Amendment in 1869, which extended the Bill of Rights to the states. By interpreting and applying the Constitution, the Court ensures that state laws do not infringe on the protected rights of citizens.
Furthermore, the Supreme Court's discretion in hearing cases also contributes to maintaining the balance of power. The Certiorari Act of 1925 gives the Court the ability to choose which cases to review, allowing it to shape its docket and influence the development of the law. This discretion enables the Court to focus on cases that involve significant constitutional questions or conflicts between federal and state laws.
Through its power of judicial review, authority to strike down unconstitutional laws, and discretion in hearing cases, the Supreme Court plays a vital role in preserving the separation of powers and ensuring that each branch of government operates within its constitutional boundaries.
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The Court's interpretation of the Constitution
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's power to interpret the Constitution is derived from its authority to determine the constitutionality of federal and state government actions. This power of judicial review, established in the landmark case of Marbury v. Madison in 1803, allows the Court to declare a Legislative or Executive act in violation of the Constitution.
The Supreme Court has played a significant role in shaping the balance of power between the federal government and the states. For instance, in the case of Martin v. Hunter's Lessee, the Court made an important constitutional ruling that defined the power dynamics between the two levels of government. Additionally, the Court has the authority to strike down state laws found to be in violation of the Constitution. This power was further strengthened by the passage of the Fourteenth Amendment in 1869, which extended the Bill of Rights to the states, giving the Court the final say over the protection of Constitutional rights.
Despite the criticisms, the Supreme Court remains a vital component of the U.S. constitutional system of government. With its power of judicial review and interpretation of the Constitution, the Court ensures that each branch of government recognises its limits and protects the rights guaranteed by the Constitution. The Court's decisions, whether controversial or widely accepted, continue to shape the legal landscape and impact the lives of Americans.
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The Court's overruling of precedent
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has the power to declare a Legislative or Executive act in violation of the Constitution, a power known as judicial review. This power was established in the case of Marbury v. Madison in 1803.
The Supreme Court has developed a large body of judicial decisions, or "precedents", interpreting the Constitution. The Court's treatment of precedent has prompted debate over whether it should follow rules identified in prior decisions or overrule them. The Court has shown less reluctance to overrule its decisions on constitutional questions than on statutory questions. However, the Court has stated that there must be a special justification or "strong grounds" for overruling a precedent.
When deciding whether to overrule a precedent, the Court considers several "prudential and pragmatic" factors that seek to balance the costs and benefits to society of reaffirming or overruling a prior holding. The first factor is the quality of the Court's reasoning in the prior case. An example of the Supreme Court overruling precedent because of significant disagreements with its reasoning is West Virginia State Board of Education v. Barnette. In that case, the Court held that the First Amendment prohibited a state from enacting a law compelling students to salute the American flag, overruling its three-year-old decision in Minersville School District v. Gobitis.
Another factor the Court may consider is the workability of the precedent, or whether the precedent's rules or standards are too difficult for lower federal courts or other interpreters to apply and are thus "unworkable". The Court may also consider whether the precedent is inconsistent with related decisions, either because its reasoning has been eroded by later decisions or because it departs from the Court's other decisions on similar constitutional questions.
In some cases, the Supreme Court has explicitly repudiated its prior decisions. For example, in 2018, the Court repudiated Korematsu v. United States, a 1944 case in which the Court approved an order excluding Japanese Americans from certain areas on the West Coast, displacing thousands of people and forcing them to move to relocation camps. The Court ruled that the order was a legitimate military measure taken to protect national security, but in 2018, it explicitly repudiated this decision, stating that it constituted impermissible racial discrimination.
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Frequently asked questions
The Supreme Court is the highest court in the federal judiciary of the United States. It has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution.
The Supreme Court can exercise its power of judicial review by reviewing the decisions of lower courts and invalidating any statutes or acts that violate the provisions of the Constitution.
Some notable examples of the Supreme Court using its power of judicial review include Marbury v. Madison (1803), Ex parte Milligan (1866), and West Virginia State Board of Education v. Barnette.
The Supreme Court considers several "prudential and pragmatic" factors when deciding whether to overrule a prior decision, including the quality of reasoning, workability, and inconsistency with related decisions.
It is difficult to predict when the Supreme Court will overrule itself as it has not provided an exhaustive list of factors or how it weighs them. However, the Court has shown less reluctance to overrule its decisions on constitutional questions than on statutory questions.
