Judicial Review: Where Does The Constitution Stand?

The US Constitution's Article III, Section I establishes the Judicial Branch 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 article also guarantees the right to a fair trial before a competent judge and a jury of one's peers. While the Constitution establishes the Supreme Court, it allows Congress to decide on its organisation, including the number of seats. The Supreme Court's power of judicial review, or the ability to declare an act in violation of the Constitution, is not explicitly mentioned in the Constitution but was established in the Marbury v. Madison case of 1803. The Court's decisions have a profound impact on society, influencing the interpretation and enforcement of the Constitution.

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The Supreme Court's power of judicial review

The Supreme Court is the highest court in the United States, and its power of judicial review is well-known. This power enables the Court to declare acts of the other branches of government or state laws unconstitutional and protect civil rights and liberties. The Court's power of judicial review is not explicitly mentioned in the Constitution but was established in the case of Marbury v. Madison in 1803.

Article III of the Constitution establishes the federal judiciary and outlines the Supreme Court's jurisdiction. Section I of Article III 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 section establishes the Supreme Court but gives Congress the power to decide its organization.

The Judiciary Act of 1789 was the first exercise of this power, creating a Supreme Court with six justices and establishing the lower federal court system. Over time, the number of seats on the Supreme Court has varied, but it was fixed at nine shortly after the Civil War. Today, the Supreme Court consists of one Chief Justice and eight Associate Justices.

The Court's decisions have a significant impact on society, as seen in landmark cases such as Tinker v. Des Moines Independent School District (1969), where the Court ruled that students could not be punished for wearing black armbands to protest the Vietnam War. The Supreme Court's power of judicial review is an essential check on the other branches of government and a protector of constitutional rights and liberties.

The Supreme Court's jurisdiction

The jurisdiction of the Supreme Court is set out in Article III of the US Constitution. 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."

Article III, Section II establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the court) over certain types of cases and controversies, such as suits between two or more states, and/or cases involving ambassadors and other public ministers. The Supreme Court has original jurisdiction over all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party.

The Supreme Court has appellate jurisdiction over other matters as conferred upon it by various statutes, under the authority given to Congress by the Constitution. When exercising its appellate jurisdiction, the Court does not have to hear a case, except in a few instances. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases that it is asked to review each year.

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 found within the text of the Constitution itself, but was established by the Court in the case of Marbury v. Madison (1803). The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law).

The Supreme Court plays a very important role in the constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of government recognizes the limits of its own power. The Supreme Court also protects civil rights and liberties by striking down laws that violate the Constitution. It sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm minorities or take undue advantage of them.

Appointment, tenure and payment of Supreme Court justices

The appointment, tenure, and payment of Supreme Court justices in the United States are governed by Article III of the Constitution. Article III 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 establishes the Supreme Court and gives Congress the power to decide how to organize it.

Appointment

The process of appointing Supreme Court justices is outlined in Article III and involves both the executive and legislative branches of the government. The President nominates individuals to serve as justices, and these nominees are then confirmed by the Senate. This process is known as the "advice and consent" of the Senate. Once confirmed, the justices are appointed for life, serving during "good behavior."

Tenure

Article III justices hold their office during "good behavior," which means they have a lifetime appointment. This lifetime tenure is a unique feature among democracies, as no other major democracy provides lifetime appointments to judges on constitutional courts. The lack of term limits has resulted in modern justices serving unusually long terms, with an average tenure of 26 years in recent years.

Justices can be removed from office only through impeachment by the House of Representatives and conviction by the Senate. This process ensures the independence of the judiciary and protects them from political influence. However, the length of service has also led to concerns about the lack of proportionality between the public's political preferences and the appointments to the Court.

Payment

Article III also addresses the payment of Supreme Court justices. It stipulates that their salaries cannot be reduced while they are in office, and their salaries are not affected by geography or length of tenure. This provision ensures the financial independence of the judiciary, shielding them from external influences that may impact their decision-making.

In conclusion, the appointment, tenure, and payment of Supreme Court justices are critical aspects of the US Constitution. Article III establishes the Supreme Court, outlines its jurisdiction, and sets forth the process of appointing justices, granting them lifetime tenure, and guaranteeing their salaries. This framework ensures the independence of the judiciary and upholds the separation of powers in the US government.

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Removal of Supreme Court justices

The jurisdiction of the Supreme Court is set out in Article III of the US Constitution, which also governs the appointment, tenure, and payment of Supreme Court justices. Justices are appointed by the President and confirmed by the Senate. They hold their office during "good behavior", which means they have a lifetime appointment, except under very limited circumstances.

Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate. The House's articles of impeachment are like misconduct charges. If a majority of House members vote to impeach, the articles move to the Senate for a trial. Two-thirds of the Senate must then vote to convict, which would remove the Justice from the court. This process is similar to that of impeaching a US president.

The power of the Supreme Court to declare a Legislative or Executive act in violation of the Constitution is not found within the text of the Constitution itself. This power was established in the case of Marbury v. Madison in 1803. The Court also has the authority to strike down state laws found to be in violation of the Constitution.

In 1804, Samuel Chase was the only Supreme Court Justice ever to be impeached. He was accused of refusing to "dismiss biased jurors and of excluding or limiting defense witnesses in two politically sensitive cases". He was impeached by the House and tried in the Senate over his partisan rhetoric. Although a majority of Senators voted that Chase was guilty, they fell short of the required two-thirds majority, and he was acquitted by the Senate in 1805.

The Supreme Court's role in ensuring justice

The Supreme Court is the highest court in the United States, and it plays a crucial role in ensuring justice and upholding the Constitution. The Court's establishment is outlined in Article III, Section I of the 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 permits Congress to decide on the organization of the Supreme Court, a power first exercised through the Judiciary Act of 1789, which created a Supreme Court with six justices.

One of the Court's most important roles is its power of judicial review, established in the landmark case of Marbury v. Madison in 1803. This power allows the Court to declare acts of Congress or the Executive Branch unconstitutional, ensuring that each branch of government recognizes its own limits and preventing the violation of civil rights and liberties protected by the Constitution. For example, the Supreme Court has ruled on cases involving freedom of speech, freedom of religion, and due process of law, ensuring that the changing views of the majority do not undermine these fundamental values.

The Supreme Court also has original jurisdiction over certain types of cases, such as disputes between states, and appellate jurisdiction over a wide range of other matters. This means that it serves as the court of last resort for those seeking justice, hearing cases on appeal that involve points of constitutional or federal law. 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 protected the free speech rights of students.

The justices of the Supreme Court are appointed by the President and confirmed by the Senate, typically serving for life. This lifetime tenure is meant to protect the independence of the judiciary, although it has faced criticism for potentially causing a time lag in the Court's ability to adapt to changing times. Despite this, the Court's role in ensuring justice remains vital, with proposals for reform including term limits and a mandatory retirement age for justices.

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