Jonah Patel
The US Constitution establishes a federal system of government, with power shared between the federal government and state governments, each with its own court system. The US Supreme Court is the highest court in the US, with powers derived from 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. The Supreme Court has appellate jurisdiction over almost any case involving a point of constitutional and/or federal law. The Court's power of judicial review allows it to declare acts of Congress or the Executive in violation of the Constitution.
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What You'll Learn
The Supreme Court is the highest court in the US
The Supreme Court is the highest court in the United States. It was established in 1789 by Article III of the US Constitution, which states:
> "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."
Congress first exercised its power to organise the Supreme Court in the Judiciary Act of 1789, which created a Supreme Court with six justices. This Act also established the lower federal court system.
The Supreme Court has final appellate powers over the federal court system and can perform judicial review in matters involving US federal law. It has the power to declare a Legislative or Executive act in violation of the Constitution. It plays an important role in ensuring that each branch of government recognises the limits of its power and protects civil rights and liberties.
There are currently nine members of the US Supreme Court, including one Chief Justice and eight Associate Justices. Justices are appointed by the President and confirmed by the Senate. They typically hold office for life.
The Supreme Court's decisions can have a significant impact on society. For example, in National Labor Relations Board v. Noel Canning, the Court limited the President's ability to make recess appointments.
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Congress decides how to organise the Supreme Court
Article III, Section I of the U.S. Constitution establishes the federal judiciary, with "The judicial Power of the United States" vested in a "supreme Court" and "inferior Courts as the Congress may from time to time ordain and establish." This provision 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.
Congress has used its authority to organise the Supreme Court to alter the number of seats over time, ranging from a minimum of five to a maximum of ten. Following the Civil War, the number of seats was fixed at nine, comprising one Chief Justice and eight Associate Justices, which remains the current structure. The power to regulate the modes and practices of the inferior federal courts also rests with Congress, including the ability to create and invest tribunals with jurisdiction.
The Supreme Court, as the highest court in the land, serves as the final arbiter for those seeking justice. It plays a crucial role in maintaining the balance of power between the three branches of government—legislative, executive, and judicial—through its power of judicial review. This power enables the Court to declare acts of the legislative or executive branch unconstitutional, ensuring that each branch recognises its limitations.
The Court's decisions have a significant impact on society, influencing not just lawyers and judges but also the general public, as exemplified in landmark cases such as Tinker v. Des Moines Independent School District (1969), where the Court upheld students' rights to free speech and expression. The Court's appellate jurisdiction allows it to hear cases on appeal involving constitutional or federal law, with discretion to choose which cases to review. This discretion is outlined in the Certiorari Act of 1925, under which the Court agrees to hear approximately 100 to 150 cases out of over 7,000 petitions annually.
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The Supreme Court has appellate jurisdiction
The Supreme Court is the highest court in the United States and is established by Article III, Section I of the Constitution, which states:
> "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."
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court's appellate jurisdiction is subject to "exceptions and regulations" prescribed by Congress. Congress has the power to regulate the modes and practices of proceeding in inferior federal courts. The Certiorari Act of 1925 gives the Supreme Court the discretion to decide whether or not to hear a case on appeal. Each year, the Court agrees to hear around 100-150 of the more than 7,000 cases it is asked to review.
The Supreme Court's appellate jurisdiction was emphasised by Chief Justice John Marshall in Marbury v. Madison (1803), who implied that the Court is obligated to take and decide cases meeting jurisdictional standards. This was explained in greater detail in Cohens v. Virginia:
> "The Judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us."
Overcrowding on the Supreme Court's docket was eventually caused by the broad grant of appellate jurisdiction in the 1789 Act and the Court's determination that the exercise of such jurisdiction was mandatory. In 1988, Congress replaced direct appeals with discretionary certiorari petitions in almost all remaining circumstances.
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The Supreme Court can declare acts in violation of the Constitution
The Supreme Court is the highest court in the United States and is the court of last resort for those seeking justice. The Court's power to declare acts in violation of the Constitution is known as judicial review, and it is not explicitly mentioned in the Constitution. However, Article III of the Constitution establishes the federal judiciary, and 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." This gives the Supreme Court the authority to interpret the Constitution and determine the constitutionality of acts.
The Supreme Court's power of judicial review is essential in ensuring that each branch of the government recognizes its limits and does not overstep its authority. The Court can declare acts of Congress or Executive acts as unconstitutional if they conflict with the Constitution. For example, in United States v. Klein (1872), the Supreme Court held that a provision of the Comstock Act violated the free speech clause of the First Amendment. Similarly, in Califano v. Westcott (1979), the Court found that a provision of the Social Security Act violated the Fifth Amendment's Due Process Clause by discriminating based on sex.
The Supreme Court also has the authority to strike down state laws that violate the Constitution. In Bolling v. Sharpe (1954), the Court held that provisions requiring racial segregation in schools violated the equal protection component of the Due Process Clause of the Fifth Amendment. Additionally, the Court has established that the Constitution, as the Supreme Law of the Land, takes precedence over Acts of Congress. In the Judiciary Act of 1789, the Supreme Court asserted its authority to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
The Supreme Court's power of judicial review is a crucial aspect of the constitutional system of checks and balances. It ensures that federal laws and actions do not infringe on the rights and liberties guaranteed by the Constitution. The Court's decisions have a significant impact on society, shaping the interpretation and application of constitutional principles. While the Court's primary role is to interpret the Constitution, it also plays a vital role in safeguarding civil rights and liberties and setting limits on democratic government.
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The Supreme Court protects civil rights and liberties
Article III of the US Constitution establishes the federal judiciary, including the Supreme Court. The Constitution also permits Congress to decide how to organise the Supreme Court. The Supreme Court is the highest court in the US and plays a crucial role in the constitutional system of government.
Secondly, the Supreme Court helps drive fundamental social change and advance civil rights. For instance, in the 1950s and 1960s, the Court's rulings led to significant progress in civil rights, women's rights, gay rights, and the rights of criminal defendants, protesters, and the press. The Court's rulings during this period reflected the changing social and political climate, with Americans rallying for protections for civil rights and liberties.
Thirdly, the Supreme Court ensures that the fundamental values enshrined in the Constitution, such as freedom of speech, freedom of religion, and due process of law, are upheld. Through its decisions, the Court interprets and gives effect to these values, safeguarding them from potential infringement by the changing views of the majority.
Additionally, the Supreme Court has original jurisdiction in certain cases, such as suits between states or cases involving ambassadors. This jurisdiction allows the Court to issue writs of mandamus, which are legal orders compelling government officials to act in accordance with the law.
The Supreme Court also has appellate jurisdiction, which means it can hear cases on appeal involving constitutional or federal law. However, the Court has discretion in deciding whether to hear these cases, and it accepts only about 100-150 cases out of the thousands it is asked to review each year.
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Frequently asked questions
The US Supreme Court is the highest court in the US.
The Supreme Court plays a crucial role in the constitutional system of government. It is the court of last resort, ensuring that each branch of government recognises its limits and protecting civil rights and liberties by striking down laws that violate the Constitution.
The Supreme Court derives its power from Article III 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."
Inferior courts, also known as lower federal courts, are created by Congress and operate below the Supreme Court. They have limited jurisdiction and are subject to congressional prescription, meaning Congress can regulate their modes and practices.
