Omar Bennett
The Supreme Court is the highest court in the land, and its decisions have a profound impact on society. While the Constitution establishes the Supreme Court and outlines its jurisdiction, it does not explicitly mention the Court's power of judicial review, which is the ability to declare acts of Congress or the Executive as unconstitutional. This power, established in Marbury v. Madison (1803), allows the Court to interpret the Constitution and strike down laws that violate it. The Court's nine Justices decide on cases through a rigorous process, including oral arguments and conferences, and their rulings shape the legal landscape of the nation. However, the Supreme Court lacks direct enforcement powers, and its decisions can be challenged or ignored by other branches of government, leading to ongoing debates about the Court's authority and its relationship with the Constitution.
| Characteristics | Values |
|---|---|
| Number of Justices | 9 |
| Appointment | Appointed by the President and confirmed by the Senate |
| Term | Justices hold office during good behavior, typically for life |
| Jurisdiction | Original and appellate |
| Powers | Judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution |
| Rules | Petitioners have a certain amount of time to write a brief, not exceeding 50 pages |
| Cases | Accepts 100-150 of the more than 7,000 cases it is asked to review each year |
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What You'll Learn
The Supreme Court interprets the law
The Supreme Court of the United States interprets the law and is established by Article III, Section I of the Constitution. The Constitution also states that the Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law. The Supreme Court's original jurisdiction is limited to cases involving disputes between states or disputes arising among ambassadors and other high-ranking ministers.
The Supreme Court has its own set of rules and accepts 100-150 of the more than 7,000 cases it is asked to review each year. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to review a case. If the Justices decide to accept a case, it is placed on the docket, and the petitioner has a certain amount of time to write a brief, not exceeding 50 pages, putting forth their legal case.
The Supreme Court is separate from the legislature (Congress) and the executive (the President). While the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it. Congress can also decide what other federal courts there will be. The Supreme Court is currently comprised of nine Justices, who are appointed by the President and confirmed by the Senate. Justices typically hold office for life, and their salaries cannot be decreased during their term. These restrictions are meant to protect the independence of the judiciary from political branches of government.
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Congress decides how to organise the Court
Article III, Section I of the U.S. Constitution establishes the federal judiciary, stating 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 provision permits Congress to decide how to organise the Supreme Court and establish a system of lower courts.
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. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, ranging from five to ten. After the Civil War, the number of seats was fixed at nine, which remains the current configuration, with one Chief Justice and eight Associate Justices.
The Judiciary Act of 1789 also granted the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law. However, in one case, the Supreme Court noted that the Constitution did not authorise it to have original jurisdiction and established that an Act of Congress contrary to the Constitution could not stand.
Congress has the power to regulate the modes and practices of proceeding in inferior federal courts and has attempted to "curb" the courts when displeased with judicial decisions. While the Supreme Court has established that Congress can overturn constitutional decisions, it has not sustained any such decisions itself. Congress can also influence the Supreme Court by controlling funding and appointing justices, who are typically confirmed by the Senate and hold office for life.
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The Court protects civil rights and liberties
The Supreme Court is the federal judiciary of the United States, established by Article III of the Constitution. While the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it. The Judiciary Act of 1789, passed by Congress, created a Supreme Court with six justices and established the lower federal court system.
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 Constitution. This power was established in the case of Marbury v. Madison (1803).
One of the most important roles of the Supreme Court is to protect civil rights and liberties by striking down laws that violate the Constitution. Civil liberties refer to the personal freedoms guaranteed against government infringement, such as freedom of speech and religion, while civil rights refer to the legal rights that protect against discrimination, such as the right to be free from employment discrimination. The Supreme Court plays a significant role in determining the extent of civil rights protections, often clarifying, expanding, or limiting these rights through its decisions.
The Supreme Court has heard several landmark cases involving 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, stating that "students do not shed their rights at the schoolhouse gate." Another notable case is Gitlow v. New York (1925), where the Supreme Court began to read certain provisions of the Bill of Rights into the due process clause of the Fourteenth Amendment, a process known as "selective incorporation."
Through its decisions, the Supreme Court ensures that the changing views of the majority do not undermine fundamental values such as freedom of speech, freedom of religion, and due process of law. By striking down unconstitutional laws, the Court protects the civil rights and liberties of all Americans.
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The Court sets limits on democratic government
The Supreme Court of the United States is established by Article III, Section 1 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 separation of powers ensures the independence of the judiciary from the political branches of government, with the Court's primary role being to interpret the Constitution and decide if the actions of legislators and officials are consistent with it.
The Court's power of judicial review, while not explicitly mentioned in the Constitution, is derived from the Judiciary Act of 1789, which gave the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution, acting as a check on the democratic government's power.
The Supreme Court has both original and appellate jurisdiction. Original jurisdiction refers to cases where the Supreme Court is the first and only Court to hear a case, limited to disputes between states or those involving high-ranking government officials. In contrast, appellate jurisdiction refers to cases that have already been decided in a lower court but are being appealed, typically involving Constitutional issues.
The Court receives thousands of petitions each year but only agrees to hear about 100-150 cases, carefully selecting those that involve significant Constitutional questions or conflicts between lower court decisions. This discretion allows the Court to shape its docket and focus on matters that have a broad impact on the interpretation and application of the Constitution.
The independence of the Supreme Court is further protected by the lifetime appointment of justices, who are nominated by the President and confirmed by the Senate. The stability and longevity of their tenure are intended to insulate them from political pressures and ensure that their rulings are based on a fair and impartial interpretation of the law.
While the Supreme Court has the final say in interpreting the Constitution, its power is balanced by the checks and balances inherent in the separation of powers. Congress, for example, has the authority to establish lower federal courts and can influence the Supreme Court's funding and legitimacy. Additionally, in extreme cases, there is the possibility of impeachment or amending the Constitution to address any concerns arising from the Court's decisions.
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The Court's decisions impact society
The US Supreme Court's decisions impact society in several ways. Firstly, it is responsible for interpreting the Constitution and determining the legality of government actions, which can have far-reaching consequences for the country. For example, in the case of Marbury v. Madison (1803), the Court established the principle of judicial review, declaring that an Act of Congress contrary to the Constitution is invalid. This power of judicial review allows the Court to shape the government and ensure that it operates within the framework set by the Constitution.
Secondly, the Supreme Court plays a crucial role in protecting civil rights and liberties. By striking down laws that violate the Constitution, the Court safeguards the fundamental values and freedoms of all Americans, such as freedom of speech, freedom of religion, and due process of law. For instance, 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, upholding their right to free speech.
Additionally, the Supreme Court sets limits on democratic government, preventing popular majorities from passing laws that harm or disadvantage minority groups. This function of the Court is essential in maintaining a balanced and just society, where the rights of minorities are protected from potential oppression by the majority.
The Supreme Court also has the power to shape public policy by interpreting the Constitution and determining the constitutionality of laws. Its decisions can influence various aspects of society, including education, healthcare, civil rights, and economic regulations. For instance, in the 2012 case of National Federation of Independent Business v. Sebelius, the Court upheld the constitutionality of the Affordable Care Act, significantly impacting healthcare policy in the US.
Furthermore, the Supreme Court's decisions can shape the legal landscape by setting precedents that lower courts follow. Its rulings on specific cases can clarify ambiguous areas of law, providing guidance to lower courts and influencing their decision-making processes. This aspect of the Court's impact ensures a consistent and uniform interpretation of the law across the country.
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Frequently asked questions
The Supreme Court is the first and only court to hear cases involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. It also has the authority to review the decisions of lower courts.
The Supreme Court has the power to decide certain cases and resolve controversies by interpreting relevant laws and applying them to the facts of the case. The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution.
When oral arguments are concluded, the Justices decide the case at what is known as the Justices' Conference. Before going into the Conference, the Justices frequently discuss the relevant cases with their law clerks, seeking different perspectives on the case.
