Simone Lawson
The Supreme Court is the highest court in the land, with the power to decide what is constitutional. The Court's decisions have a profound impact on society, striking down laws that violate the Constitution and ensuring that the majority cannot pass laws that harm minorities. The Court has original and appellate jurisdiction, meaning it is the first and only court to hear certain cases, such as disputes between states, while also having the authority to review decisions of lower courts. The Supreme Court's power of judicial review ensures that each branch of government recognizes its limits, and it plays a critical role in interpreting and applying the law in a neutral and objective manner. The Court's rulings are shaped by its prior decisions, constitutional text, and contemporary values, with nine Justices interpreting the Constitution and deciding cases.
| Characteristics | Values |
|---|---|
| Established by | Article III, Section 1 of the Constitution |
| Number of Justices | 9 |
| Appointment of Justices | Appointed by the President and confirmed by the Senate |
| Jurisdiction | Original and appellate |
| Original jurisdiction cases | Disputes between states or disputes arising among ambassadors and other high-ranking ministers |
| Appellate jurisdiction cases | Almost any other case that involves a point of constitutional and/or federal law |
| Power of judicial review | Ensures that each branch of government recognizes the limits of its own power |
| Role | Protects civil rights and liberties by striking down laws that violate the Constitution |
| Role | Sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm minorities |
| Decision-making | Justices rely primarily on the Court's prior decisions when deciding cases |
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What You'll Learn
The Supreme Court interprets the law
Article III, Section 1 of the US Constitution establishes the Supreme Court of the United States. The Court has nine Justices, who are 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 arising among ambassadors and other high-ranking ministers.
The Supreme Court's 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. The Court's decisions have a profound impact on society, ensuring 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.
When deciding constitutional law cases, the Supreme Court follows a common-law approach, relying primarily on the Court's prior decisions. Legal scholars have argued that constitutional text is often irrelevant to constitutional outcomes, and specific rights are often vague or undefined in the text. As a result, the Supreme Court's interpretations of the Constitution are considered more important than the text itself.
The Supreme Court's rules dictate that four of the nine Justices must vote to accept a case, and the Court usually only hears cases that could have national significance or precedential value. Once the Justices decide to accept a case, the petitioner and respondent file briefs outlining their legal arguments. The Justices then discuss the case and seek different perspectives before voting on the outcome during the Justices' Conference.
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The Court has original and appellate jurisdiction
Article III, Section 1 of the US Constitution establishes the Supreme Court of the United States. 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 Constitution limits original jurisdiction cases to those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. For example, 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).
Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts. Most of the cases the Supreme Court hears are appeals from lower courts. When exercising its appellate jurisdiction, the Court does not have to hear a case, except in a few exceptions. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so. The primary means to petition the court for review is to ask it to grant a writ of certiorari, which is a request for the Supreme Court to order a lower court to send up the record of a case for review. The Court usually accepts a case if it could have national significance, might harmonize conflicting decisions in federal Circuit courts, and/or could have precedential value.
The Supreme Court's role in interpreting the Constitution is significant. It ensures that each branch of government recognizes its own power limits and protects civil rights and liberties by striking down laws that violate the Constitution. The Court's decisions have a profound impact on society, influencing the interpretation and application of constitutional rights and values. The Court's rulings on constitutional issues can shape the understanding and enforcement of fundamental freedoms, such as freedom of speech and religion.
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The Court protects civil rights and liberties
The Supreme Court is established by Article III, Section I 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." The Constitution grants Congress the power to decide how to organise the Supreme Court, and it did so with the Judiciary Act of 1789, which created a Supreme Court with six justices.
The Supreme Court plays a crucial role in protecting civil rights and liberties by striking down laws that violate the Constitution. This power of judicial review ensures that each branch of government recognises its limits and that the fundamental rights of all Americans are upheld. For instance, the Court ensures that laws passed by popular majorities do not infringe on the rights of unpopular minorities.
The Supreme Court's decisions have a profound impact on society, influencing the civil rights and liberties of Americans. The Court's rulings on cases involving students, for example, have had significant consequences. The Court exercises its power of judicial review to determine whether the actions of legislators and officials adhere to the Constitution, which is established as the supreme law of the land.
The Supreme Court has both original and appellate jurisdiction. Original jurisdiction refers to cases that are tried before the Court for the first time, such as disputes between states or cases involving ambassadors. The Court has the discretion to decide whether to hear these cases. On the other hand, appellate jurisdiction allows the Court to review decisions made by lower courts. Most of the cases heard by the Supreme Court are appeals.
The Supreme Court's rulings on constitutional matters are shaped by its prior decisions and interpretations of the Constitution, rather than solely relying on the constitutional text. The Court's interpretations of the Constitution carry significant weight and influence, shaping the understanding and application of constitutional law in the United States.
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The Court ensures the government recognises its limits
The Supreme Court plays a crucial role in ensuring that the government recognises and operates within the limits set by the Constitution. This power of the Court stems from Article III of the Constitution, which establishes the federal judiciary and specifically vests "the judicial Power of the United States" in the Supreme Court.
The Court's primary function in this regard is to exercise judicial review, which involves deciding whether the actions of legislators and officials are consistent with the Constitution. This power was affirmed in 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.
The Supreme Court has both original and appellate jurisdiction. Original jurisdiction refers to cases that are tried before the Court for the first time, such as suits between states or cases involving ambassadors. On the other hand, appellate jurisdiction allows the Court to review decisions made by lower courts, which make up most of the Court's caseload.
The Court's discretion in choosing which cases to hear is significant. While it is not obligated to hear every case, it typically accepts cases that could have national significance, harmonise conflicting decisions, or set precedents. This discretion is crucial in shaping the Court's impact on society, as its decisions can strike down laws that violate the Constitution, protect civil rights and liberties, and set limits on democratic government to prevent the majority from infringing on the rights of minorities.
In conclusion, the Supreme Court's role in ensuring the government recognises its limits is a fundamental aspect of the American system of checks and balances. By interpreting and applying the Constitution through judicial review, the Court plays a pivotal role in safeguarding the rights and freedoms of all Americans.
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The Court upholds the Constitution as the supreme law
The Supreme Court is established by Article III, Section I 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." This separation of powers ensures the judiciary's independence from the legislature (Congress) and the executive (the President).
The Court's primary role is to interpret the Constitution and apply it to relevant facts when deciding cases. This power of judicial review is essential in ensuring that each branch of government respects its constitutional limits. The Court can strike down laws that violate the Constitution, protecting civil rights and liberties and setting limits on democratic government. For example, the Court has established its authority to strike down state laws found to be in violation of the Constitution.
The Supreme 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 appeals from lower courts on almost any case involving a point of constitutional or federal law. The Court has the discretion to decide whether to hear a case, usually accepting those with national significance or conflicting decisions in lower courts.
The Supreme Court's interpretations of the Constitution are highly influential, and its decisions can shape society. While some critics argue that the power of judicial review gives too much power to the courts, the Court's role in upholding the Constitution as the supreme law ensures that the government's actions are consistent with the values established by "We the People."
The Supreme Court's power to interpret the Constitution goes beyond the text of the document, as acknowledged by legal scholars and judges. This has sparked debate, with some arguing for a text-based approach and others emphasizing the need to consider today's values and priorities when deciding controversial constitutional issues.
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Frequently asked questions
The Supreme Court is the highest court in the United States. It has the power to decide certain cases and resolve controversies by interpreting the relevant laws and applying them to the relevant facts.
Article III of the Constitution establishes the federal judiciary and empowers the Supreme Court. 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 decides what is constitutional by interpreting the Constitution and applying it to the facts of the case. The Court's interpretations of the Constitution are influenced by prior decisions, the values and priorities of today, and the Court's own rules.
The decisions of the Supreme Court have a significant impact on society. They play an essential role in ensuring that each branch of government recognizes its limits and 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.
