Simone Lawson
The Supreme Court of the United States is the highest court in the country, 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. This power, established in the Marbury v. Madison case in 1803, allows the Court to declare acts of Congress or the Executive branch unconstitutional. The Court's interpretation of the Constitution and its power of judicial review have been debated throughout history, with critics arguing that it gives the Court too much power. The Supreme Court's decisions can shape the government and protect civil rights and liberties, but it relies on Congress for enforcement and funding, and Congress can also alter the number of seats on the Court.
| 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, declaring a Legislative or Executive act in violation of the Constitution |
| Powers | Protect civil rights and liberties by striking down laws that violate the Constitution |
| Powers | Set limits on democratic government by ensuring that popular majorities cannot pass laws that harm minorities |
| Rules | Four of the nine Justices must vote to accept a case |
| Rules | Five of the nine Justices must vote to grant a stay |
| Rules | Petitioner has a word limit of 50 pages for their legal case |
| Rules | Respondent also has a word limit of 50 pages for their brief |
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What You'll Learn
The Supreme Court's power to interpret the constitution
Article III, Section I of the US Constitution establishes the federal judiciary 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 establishes the Supreme Court's jurisdiction, or legal ability to hear a case. The Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors and other public ministers. It also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law.
While the Constitution establishes the Supreme Court, it is Congress that decides how to organise it. 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.
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). In this case, the Court decided that an Act of Congress contrary to the Constitution could not stand, as the Constitution establishes the supreme law of the land.
The Supreme Court's interpretation of the Constitution has a significant impact on society, as it protects civil rights and liberties by striking down laws that violate the Constitution. It also sets limits on democratic government, ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities. The Court's decisions can shape the fundamental values of Americans, such as freedom of speech, freedom of religion, and due process of law.
The process by which the Supreme Court interprets the Constitution involves accepting cases, hearing oral arguments, and deciding on a verdict. Four of the nine Justices must vote to accept a case, after which the petitioner and respondent file briefs outlining their legal arguments. Oral arguments are then presented, and the Justices discuss the cases at the Justices' Conference before deciding on a verdict.
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The Supreme Court's power to strike down laws
The power of the Supreme Court to strike down laws is known as judicial review. This power is not explicitly mentioned in the US Constitution but has been inferred from its structure, provisions, and history. The Court established this power in the landmark case of Marbury v. Madison in 1803.
In this case, the Court had to decide whether an Act of Congress or the Constitution took precedence. 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. As Article VI of the Constitution establishes it as the supreme law of the land, the Court held that an Act of Congress contrary to the Constitution could not stand.
This power of judicial review allows the Supreme Court to strike down any law or action by the legislative or executive branch that violates the Constitution. It applies to federal, state, and local legislative and executive actions. The Court's decisions have a profound impact on society, as they protect civil rights and liberties by ensuring that laws passed by majorities do not infringe on the rights of minority populations.
While the Supreme Court has the final say in interpreting the Constitution, it does not have a way to enforce its rulings independently. Congress can choose to ignore the Court's rulings or take away its funding, which could result in the Court losing its legitimacy. In extreme cases, Congress could also impeach justices and appoint new ones.
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The Supreme Court's power to protect civil rights and liberties
The Supreme Court is the highest court in the United States and is the court of last resort for those seeking justice. It plays a crucial role in protecting civil rights and liberties by striking down laws that violate the Constitution. The Court's power of judicial review, established in Marbury v. Madison (1803), allows it to declare acts of Congress or the Executive branch unconstitutional. This power is not explicitly mentioned in the Constitution but has been derived from the Court's interpretation of the Constitution as the supreme law of the land.
The Supreme Court has played a significant role in advancing civil rights, particularly during the 1950s and 1960s, a period marked by the civil rights movement and a growing demand for equal rights regardless of race, gender, or sexuality. Notable cases from this era include Brown v. Board of Education (1954), which declared public school segregation unconstitutional, and Miranda v. Arizona (1966), which established the right of criminal defendants to be informed of their right to an attorney. The Court has also protected religious freedom by ruling that school-sponsored prayer is unconstitutional, as seen in Engel v. Vitale (1962).
In addition to safeguarding civil rights, the Supreme Court ensures that democratic governments do not overstep their boundaries and infringe on the rights of minorities. For instance, in Tinker v. Des Moines Independent School District (1969), the Court upheld the right of students to wear black armbands to school to protest the Vietnam War, protecting their freedom of speech. The Court has also ruled on cases involving voting rights, police procedures, birth control, and the press, shaping the understanding of civil liberties in these areas.
While the Supreme Court's decisions carry significant weight, they are not without scrutiny. Critics argue that the Court sometimes oversteps its authority and imposes its political agenda. The impeachment of justices, although rare, is one mechanism to hold the Court accountable. Nonetheless, the Supreme Court's power to strike down unconstitutional laws remains a crucial safeguard for civil rights and liberties in the United States.
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The Supreme Court's power to limit democratic government
The Supreme Court of the United States is established by Article III, Section 1 of the Constitution, which also establishes the federal judiciary. The Court has nine Justices, each appointed by the President and confirmed by the Senate. These Justices hold office for life, and the Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case, and this is limited to cases involving disputes between states or disputes between ambassadors and other high-ranking ministers.
The power of the Supreme Court to limit democratic government is an important aspect of its function. This power is derived from the Court's ability to conduct judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established by the Court in the case of Marbury v. Madison in 1803. The Court ruled that an Act of Congress contrary to the Constitution could not stand, as the Constitution is the supreme law of the land.
The Supreme Court's role in limiting democratic government is significant as it ensures that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities. In other words, it protects civil rights and liberties by striking down laws that violate the Constitution. 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 conclusion, the Supreme Court's power to limit democratic government is an essential aspect of the US political system. It ensures that the changing views of the majority do not undermine the fundamental values and rights of all Americans. However, this power is balanced by the need for judicial restraint and the potential for other branches of government to check the Court's influence.
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The Supreme Court's power to decide jurisdiction
The Supreme Court's power to decide its jurisdiction is a complex and contentious issue. The Court's ability to declare a Legislative or Executive act in violation of the Constitution, known as judicial review, is not explicitly mentioned in the Constitution. However, the Court established this power in the landmark case of Marbury v. Madison (1803). In this case, the Court had to decide whether an Act of Congress or the Constitution took precedence, ultimately ruling that the Constitution was the supreme law of the land. This power of judicial review allows the Court to interpret the Constitution and strike down laws that are inconsistent with it.
Article III, Section I of the Constitution establishes the Supreme Court and vests it with judicial power. It also grants Congress the authority to decide how to organize the Court, which it did through the Judiciary Act of 1789, establishing a Supreme Court with six justices. Article III, Section II of the Constitution further outlines the Court's jurisdiction. The Court has original jurisdiction over specific cases, such as disputes between states or cases involving ambassadors, and appellate jurisdiction over almost any other case involving constitutional or federal law.
The Supreme Court's jurisdiction is limited to deciding cases and resolving controversies by interpreting and applying relevant laws. The Court's decisions have a significant impact on society, as they can protect civil rights and liberties and set limits on democratic governments. The Court's rulings can shape the interpretation of the Constitution and ensure that the majority's changing views do not undermine fundamental values such as freedom of speech and religion.
The process by which the Supreme Court decides to accept a case is also important. According to the Court's rules, four of the nine Justices must vote to accept a case, and five must vote to grant a stay. The Justices discuss the cases and form preliminary opinions before coming together for the Justices' Conference to decide on the case. While the Court has the final say in interpreting the Constitution, it does not have the power to enforce its rulings independently.
In conclusion, the Supreme Court's power to decide its jurisdiction stems from its interpretation of the Constitution and the establishment of judicial review. While the Court has the authority to declare acts unconstitutional, its primary role is to decide cases and resolve controversies by applying relevant laws. The Court's decisions shape society and protect fundamental values, demonstrating the importance of its power to decide jurisdiction.
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Frequently asked questions
The Supreme Court interprets the law and applies it to the facts of a case. It also protects civil rights and liberties by striking down laws that violate the Constitution.
The Supreme Court has the power to decide certain cases and resolve controversies by interpreting the relevant laws. It has original jurisdiction, meaning it is the first and only court to hear a case, and appellate jurisdiction, meaning it can review decisions made by lower courts.
The Supreme Court's decisions are made by the Justices. After hearing oral arguments, the Justices discuss the case among themselves and with their law clerks to get different perspectives. They then vote on how to decide the case.
Before taking office, each Justice must be appointed by the President and confirmed by the Senate. Justices typically hold office for life.
There is no clear enforcement mechanism for Supreme Court rulings. In theory, Congress could take action such as reducing the Court's funding or impeaching the Justices, but this is unlikely in practice.
