The Supreme Court: Final Say On Constitutional Questions

The Supreme Court is the final authority on constitutional questions in the United States. The Court has the power of judicial review and can strike down laws that violate the Constitution. It is the highest court in the country and has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost any other case involving constitutional law. The Supreme Court plays a crucial role in ensuring that each branch of the government recognizes its limits and protecting civil rights and liberties. The decisions of the Supreme Court have a significant impact on society, and the Court's interpretation of the Constitution shapes the fundamental principles of the nation's government.

Explore related products

An Introduction to Constitutional Law: 100+ Supreme Court Cases Everyone Should Know

$26 $34.95

Constitutional Law: [Connected eBook with Study Center] (Aspen Casebook)

$237.39 $359

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

Constitutional Law For Dummies

$18 $29.99

Constitutional Law: Principles and Polices (Aspen Treatise)

$97.38 $126.95

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Supreme Court's role

The Supreme Court is the final authority on the interpretation and application of the Constitution. It plays a crucial role in safeguarding civil rights and liberties by striking down laws that contravene the Constitution. The Court's power of judicial review ensures that each branch of government respects its own limitations.

Article III, Section I of the Constitution establishes the Supreme Court as the highest judicial power in the United States, with Article III, Section II outlining its jurisdiction. The Court has original jurisdiction over cases involving multiple states, ambassadors, and public ministers, while also holding appellate jurisdiction over almost all cases involving constitutional or federal law.

The Supreme Court's decisions have far-reaching consequences for society, influencing not only legal professionals but also the general public. For example, in Tinker v. Des Moines Independent School District (1969), the Court ruled that students could not be punished for wearing black armbands to school to protest the Vietnam War, thereby protecting students' freedom of speech.

The Court's rulings can also shape the interpretation and application of Constitutional rights. In West Virginia Board of Education v. Barnette (1943), the Court reversed its previous decision, ruling that states could not compel students to salute the flag or recite the pledge of allegiance in public schools. This demonstrates the Court's ability to adapt its interpretations over time.

Additionally, the Supreme Court's rulings can have significant societal impacts. For instance, in Dobbs v. Jackson Whole Women's Health (2022), the Court overturned its previous decision in Roe v. Wade (1973), finding that there is no constitutional right to abortion. This ruling sparked widespread debate and highlighted the Court's influence on contentious social issues.

The Supreme Court's authority

The Supreme Court is the final authority on the interpretation and enforcement of the Constitution. The Court's power of judicial review allows it to strike down laws that violate the Constitution and protect civil rights and liberties. This power was established in Marbury v. Madison (1803) when the Court asserted its authority to examine the constitutionality of laws passed by Congress.

Article III, Section II of the Constitution outlines the jurisdiction of the Supreme Court. The Court has original jurisdiction over cases between states, those involving ambassadors, and other public ministers. It has appellate jurisdiction over cases involving constitutional and federal law, including those where the United States is a party, cases involving treaties, and admiralty cases.

The Supreme Court plays a crucial role in ensuring each branch of government recognizes its limits. It serves as a check on the powers of the executive and legislative branches by reviewing their actions and decisions against the Constitution. The Court can declare a law void if it violates the Constitution, ensuring that the government's actions align with the fundamental principles of the nation.

The Supreme Court's decisions have a significant impact on society. For example, in Tinker v. Des Moines Independent School District (1969), the Court ruled that students could not be punished for wearing black armbands to school to protest the Vietnam War, protecting their freedom of speech. In West Virginia Board of Education v. Barnette (1943), the Court decided that states could not coerce students to salute the flag or recite the pledge of allegiance, upholding religious freedom.

While the Supreme Court is the final arbiter of constitutional questions, it is important to note that its decisions can be slow to change and may be influenced by shifts in the Court's composition. The ordinary course of change in constitutional law often comes through the appointment of new judges rather than direct defiance of judicial decisions.

The Supreme Court's history

The Supreme Court is the final authority on constitutional questions in the United States. Article III, Section II of the US Constitution establishes the Court's jurisdiction, which includes original jurisdiction over cases such as suits between two or more states, and appellate jurisdiction over almost any case involving a point of constitutional or federal law. The Court's power to strike down laws that violate the Constitution is derived from Article III, Section 1, which vests the "judicial Power of the United States" in the Supreme Court.

The Supreme Court first asserted its authority to strike down laws that violate the Constitution in the famous case of Marbury v. Madison (1803). In this case, the Court established that it had the power to examine a law when a suit is brought before it and determine whether the law is in accordance with the Constitution. If the law is found to be unconstitutional, the Court can declare it null and void.

Over time, the Supreme Court has played a crucial role in shaping the interpretation of the Constitution and protecting civil rights and liberties. For example, in Tinker v. Des Moines Independent School District (1969), the Court held that students could not be punished for wearing black armbands to school to protest the Vietnam War, thus protecting their freedom of speech. In West Virginia Board of Education v. Barnette (1943), the Court decided that states could not coerce students to salute the flag or recite the pledge of allegiance in public schools, safeguarding their freedom of expression.

The Supreme Court has also had a significant impact on social issues. For instance, in Brown v. Board of Education (1954), the Court declared racial segregation in public schools unconstitutional, overturning the "separate but equal" doctrine established in Plessy v. Ferguson (1896). More recently, in Dobbs v. Jackson Whole Women's Health (2022), the Court overturned its previous decision in Roe v. Wade (1973) and found that there is no constitutional right to abortion.

The Supreme Court's decisions are not always permanent, and the Court has occasionally reversed its own rulings. For example, in West Virginia Board of Education v. Barnette, the Court overturned its decision from just two years earlier in Minersville v. Gobitis (1941). While the Court is the final arbiter of constitutional questions, its interpretations can evolve over time, reflecting changes in societal values and the appointment of new justices.

Explore related products

Constitutional Law (University Casebook Series)

$269.76 $305

A Short & Happy Guide to Constitutional Law

$28 $28

Constitutional Law: a QuickStudy Laminated Reference Guide

$8.32 $8.95

Examples & Explanations for Constitutional Law: National Power and Federalism (Examples & Explanations Series)

$59.81 $76.95

Examples & Explanations for Constitutional Law: Individual Rights (Examples & Explanations Series)

$76.95 $76.95

Constitutional Law [Connected eBook with Study Center] (Aspen Casebook)

$75.91 $345

The Supreme Court's impact

The Supreme Court is the final authority on constitutional questions in the United States. The Court's power to make such decisions stems from Article III of the Constitution, which establishes the federal judiciary and gives the Supreme Court original jurisdiction over certain cases, such as those involving multiple states or ambassadors. The Court also has appellate jurisdiction over almost any case involving constitutional or federal law, including those where the United States is a party or where treaties are involved.

The Supreme Court's role as the final arbiter of constitutional questions was solidified in the famous case of Marbury v. Madison (1803), where the Court asserted its authority to strike down acts of Congress that were found to be unconstitutional. This power of judicial review ensures that each branch of government recognizes its own limits and that ordinary laws do not supersede the Constitution.

The Supreme Court's decisions on constitutional questions have had a profound impact on American society. For example, in Tinker v. Des Moines Independent School District (1969), the Court ruled that students could not be punished for wearing black armbands to school to protest the Vietnam War, protecting their freedom of speech. In West Virginia Board of Education v. Barnette (1943), the Court decided that states could not coerce students to salute the flag or recite the pledge of allegiance, upholding religious freedom.

In some cases, the Supreme Court's interpretation of the Constitution has been controversial and has taken a long time to change. For instance, in Roe v. Wade (1973), the Court ruled that there was a constitutional right to abortion, which was only overturned in 2022 in Dobbs v. Jackson Whole Women's Health. Similarly, it took the Court 60 years to declare racial segregation in public schools unconstitutional in Brown v. Board of Education (1954), changing the lives of many students and marking a significant shift in American society.

The Supreme Court's structure

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. It also has original jurisdiction over a narrow range of cases, including suits between two or more states, cases involving ambassadors, other public ministers and consuls, and those in which a state is a party.

The Supreme Court consists of nine justices—the chief justice of the United States and eight associate justices. These justices have lifetime tenure, only leaving the court when they die, retire, resign, or are impeached and removed from office. When a vacancy occurs, the president, with the advice and consent of the Senate, appoints a new justice. Each justice has a single vote in deciding the cases argued before the court. When in the majority, the chief justice decides who writes the court's opinion; otherwise, the most senior justice in the majority assigns the task.

The Supreme Court was established by the 1st Congress through the Judiciary Act of 1789. This act created a Supreme Court with six justices—one chief justice and five associate justices. The Supreme Court held its inaugural session from February 2 through February 10, 1790, in New York City, then the U.S. capital. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats was fixed at nine, where it remains today.

The Supreme Court has the power of judicial review, which allows it to strike down state laws found to be in violation of the Constitution. This power was asserted in the landmark case of Marbury v. Madison in 1803. The Court also has the authority to strike down presidential directives for violating either the Constitution or statutory law.

Frequently asked questions