Understanding The Courts: Constitutional Law

The Supreme Court is the highest court in the United States and has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors. The Supreme Court also has appellate jurisdiction over almost any case involving a point of constitutional law. The 13 appellate courts below the Supreme Court are called the U.S. Courts of Appeals, and their task is to determine whether the law was correctly applied in the trial court or federal administrative agency. The U.S. Courts of Appeals are further supported by 94 district or trial courts, which resolve disputes by determining the facts and applying the law to those facts.

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The US Supreme Court is the highest court

The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but has been established through cases such as Marbury v. Madison. The Court also has the authority to strike down state laws found to be unconstitutional.

The Supreme Court has appellate jurisdiction over almost any case that involves a point of constitutional or federal law. This includes cases involving treaties, ships on the high seas, and controversies between citizens of different states. The Court has the discretion to decide whether or not to hear a case on appeal, and it only agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year.

The Supreme Court consists of nine justices: eight associate justices and one chief justice. They are appointed by the President and confirmed by the Senate, typically serving for life. The justices' salaries cannot be decreased during their term of office, and they are protected from political influence. The Supreme Court plays a crucial role in the US constitutional system of government, acting as the final arbiter of justice and ensuring that each branch of government recognises its limits.

The Supreme Court has nine justices

The Supreme Court is the highest court in the United States. It was established by Article III of the U.S. Constitution, which also authorised Congress to pass laws establishing a system of lower courts. The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors, and other public ministers. The Court also has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. For example, this includes cases where the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).

The Supreme Court plays a crucial role in the constitutional system of government. As the highest court, it is the court of last resort for those seeking justice. The Court's power of judicial review is significant, as it ensures that each branch of government recognises the limits of its power. This power of judicial review allows the Court to declare a Legislative or Executive act in violation of the Constitution.

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 or take advantage of unpopular minorities. The Court's decisions can shape the interpretation and application of constitutional rights and principles, impacting the lives of Americans.

The Court's power of judicial review

The Supreme Court is the highest court in the United States. It was created by Article III of the U.S. Constitution, which also authorised Congress to establish a system of lower courts. There are 13 appellate courts, or U.S. courts of appeals, that sit below the Supreme Court, as well as 94 district or trial courts, known as U.S. district courts.

The Supreme Court first asserted its power of judicial review in Marbury v. Madison, when it struck down an act of Congress as inconsistent with the Constitution. The Court has since held 483 laws unconstitutional in whole or in part between 1960 and 2019. Judicial review was also recognised in the Alien and Sedition Acts and in the power of Congress to repeal the Judiciary Act of 1801.

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). However, the Court noted that the Constitution did not permit it to have original jurisdiction in this matter. Since Article VI of the Constitution establishes it as the supreme law of the land, the Court held that an Act of Congress that is contrary to the Constitution could not stand.

The Supreme Court plays an important role in the constitutional system of government. Its power of judicial review ensures that each branch of government recognises the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution.

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The Court's original and appellate jurisdiction

The US Supreme Court is the highest court in the country and is the court of last resort for those seeking justice. The Court has original jurisdiction (the legal ability to preside over a case in the first instance) and appellate jurisdiction (the ability to hear a case on appeal).

The Constitution establishes the Supreme Court's jurisdiction. Article III, Section II outlines the Court's original jurisdiction, which includes suits between two or more states, cases involving ambassadors, and other public ministers. 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 has appellate jurisdiction over almost any case involving a point of constitutional or federal law. This includes cases in which the United States is a party, cases involving treaties, and admiralty cases involving ships on the high seas and navigable waterways. The Court can choose whether or not to hear a case on appeal, and it agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year.

The Supreme Court's power of judicial review is its best-known power. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution. The Court plays a crucial role in ensuring that each branch of government recognizes its limits and protects civil rights and liberties by striking down laws that violate the Constitution.

Below the Supreme Court are 13 appellate courts, known as the US Courts of Appeals. These courts determine whether the law was correctly applied in the trial court or federal administrative agency. Appeals to these courts are heard by a panel of three circuit court judges, and the entire circuit court may consider certain appeals in a process known as an "en banc hearing."

Certiorari and when the Court hears cases

The Supreme Court is the highest court in the United States. It has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. The Court also has appellate jurisdiction over almost any case that involves a point of constitutional and/or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases.

The Certiorari Act of 1925 gives the Supreme Court the discretion to decide whether or not to hear a case. A party can petition the Court to review its case by filing a writ of certiorari. The Supreme Court grants certiorari to cases that have national significance and precedential value, harmonizing different rulings in federal and state courts. The Court typically agrees to hear around 100-150 cases out of the 7,000+ petitions it receives annually.

A writ of certiorari is a common law writ that orders a lower court to deliver its record in a case so that a higher court may review it. In the United States, it is most often seen as a writ issued by the Supreme Court to review the judgment of a lower court for legal error and where no appeal is available as a matter of right. Certiorari is generally used to correct jurisdictional errors, i.e., when a court makes a decision that is outside its powers. It cannot be used to correct legal errors made by a court within its jurisdiction; these can only be challenged through an appeal after the court has made a final decision.

In the Supreme Court, if four Justices agree to review a case, the Court will hear it, which is known as "granting certiorari" or "cert." Most Justices participate in a ""cert pool," where their law clerks review petitions for certiorari and prepare memoranda summarizing the issues and recommending whether the Court should grant certiorari. The Court's orders granting or denying certiorari are issued without explanations for denial.

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