
The federal judiciary is established by Article III of the US Constitution, which also 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 has original jurisdiction over certain cases, such as disputes between two or more US states, and appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. The Supreme Court can strike down state laws that violate the Constitution, and it has done so in landmark cases such as Marbury v. Madison (1803) and Brown v. Board of Education (1954).
Characteristics | Values |
---|---|
Authority | The Supreme Court of the United States has the authority to interpret the Constitution and assess the legality of federal laws and actions |
Federal judiciary | Article III of the Constitution establishes the federal judiciary |
Jurisdiction | The Supreme Court's original jurisdiction generally applies to cases involving disputes between two or more US states and disputes involving representatives of foreign nations |
Appellate jurisdiction | The Supreme Court can hear the case on appeal on almost any other case that involves a point of constitutional and/or federal law |
Power | The Supreme Court can strike down any law or other action by the legislative or executive branch that violates the Constitution |
Federal jurisdiction | State courts have Federal jurisdiction but not vice-versa |
What You'll Learn
The Supreme Court's power to strike down state laws
The Supreme Court of the United States has the authority to interpret the Constitution and assess the legality of federal laws and actions. This ability to strike down federal laws is primarily a manifestation of the Court's power to review the constitutionality of acts of Congress. This is known as judicial review, which is a crucial function of the judiciary that ensures laws align with the principles set out in the Constitution. Judicial review also acts as a check on legislative power, protecting individual rights and freedoms guaranteed by the Constitution.
The Supreme Court's original jurisdiction generally applies to cases involving disputes between two or more US states and disputes involving representatives of foreign nations. Its appellate jurisdiction applies to other cases that implicate federal law or the Constitution. In most situations, the Court is not required to hear a specific case on appeal and has the discretion to decide whether to review a case under the Certiorari Act of 1925.
The Supreme Court can strike down any law or other action by the legislative or executive branch that violates the Constitution. This power of judicial review applies to federal, state, and local legislative and executive actions. For example, in Marbury v. Madison, the Court declared that it was the duty of the judiciary to interpret the law. This established the precedent that laws that violate the Constitution cannot stand, reinforcing the Court's role as a guardian of constitutional integrity.
The Supreme Court's ability to strike down state laws is also evident in the case of Brown v. Board of Education (1954), where it struck down state laws establishing racial segregation in public schools, affirming the principle of equality under the law.
Paralegal Credits: Transferable for Pre-Law?
You may want to see also
The Supreme Court's authority to interpret the Constitution
The Supreme Court of the United States derives its authority to interpret the Constitution from Article III of the US Constitution, which establishes the federal judiciary and designates the Supreme Court as the highest judicial authority in the country. 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's power to interpret the Constitution is further reinforced by the principle of judicial review, which was established in the landmark case of Marbury v. Madison in 1803. This case affirmed the Court's authority to review the constitutionality of acts of Congress and strike down those that violate the Constitution. The Court's ability to strike down federal laws is a crucial function of the judiciary, ensuring that laws passed by Congress align with the principles and values set out in the Constitution.
The Supreme Court's original jurisdiction, as outlined in Article III, Section II, generally applies to cases involving disputes between two or more US states and disputes involving foreign nations. It also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law. In most cases, the Court has the discretion to decide whether to hear a case, and it grants a small percentage of petitions each year.
The Court's authority to interpret the Constitution extends to reviewing state laws and determining their constitutionality. The Supreme Court can strike down state laws that violate the Constitution, even if they arise from state court decisions rather than statutes. This power ensures that state laws are consistent with the Constitution and protects the rights and freedoms guaranteed by the Constitution.
Employers' Disclosure Law: What You Need to Know
You may want to see also
Judicial review
The US Supreme Court is established by Article III of the US Constitution as one of the three main organs of the federal government. It has the authority to interpret the Constitution and assess the legality of federal laws and actions. This ability to strike down federal laws is a manifestation of the Court's power to review the constitutionality of acts of Congress, also known as judicial review.
The Supreme Court's original jurisdiction generally applies to cases involving disputes between two or more US states and disputes involving foreign nations. Its appellate jurisdiction applies to other cases that implicate federal law or the Constitution. In most cases, the Court has the discretion to decide whether to review a case under the Certiorari Act of 1925.
While the Supreme Court has the final say on whether a statutory provision is constitutional, lower courts can also play a role. When lower courts believe a law violates the Constitution and is relevant to their case, they can pause the case and refer the question to the constitutional court.
Executive Veto Power: Can They Stop a Law?
You may want to see also
Federal jurisdiction
The US Supreme Court takes its authority from Article III of the US Constitution, which established it as one of the three main organs of the federal government. 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."
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. The Supreme Court has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states and cases involving ambassadors. It has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law.
The Supreme Court's power of judicial review applies to federal, state, and local legislative and executive actions. It can strike down any law or other action by the legislative or executive branch that violates the Constitution. This includes the ability to strike down federal laws and state laws on constitutional grounds. For example, in Marbury v. Madison, the Court established the principle of judicial review, affirming its role as a check on Congress and ensuring that legislative actions do not violate the Constitution. In another case, Brown v. Board of Education (1954), the Supreme Court struck down state laws establishing racial segregation in public schools, affirming the principle of equality under the law.
It is important to note that lower courts can also strike down laws they deem to be unconstitutional, and they can pause a case and send the question to the constitutional court for review.
Congress' Law-Making Powers: Understanding Their Limits
You may want to see also
The Supreme Court's role in protecting individual rights
The Supreme Court is one of the three main organs of the US federal government, established by Article III of the US Constitution. The Judiciary Act of 1789 created a Supreme Court with six justices and also established the lower federal court system.
The Supreme Court has the power to review the constitutionality of acts of Congress and the actions of the executive branch. This power, known as judicial review, is crucial for maintaining the rule of law and protecting individual rights. The Court can strike down any federal law or action that violates the Constitution, serving as a check on legislative power. This ability to reject laws that are found to be unconstitutional ensures that any law passed by Congress aligns with the principles set out in the Constitution.
The Supreme Court's original jurisdiction generally applies to cases involving disputes between two or more US states and disputes involving foreign nations. Its appellate jurisdiction applies to other cases that implicate federal law or the Constitution. The Court has the discretion to decide whether to review a case, and it grants about 2% of petitions each year.
The Supreme Court also has the authority to review state laws and strike them down on constitutional grounds. This includes laws created by state court precedent and those enacted by statute. For example, in Brown v. Board of Education (1954), the Supreme Court struck down state laws establishing racial segregation in public schools, affirming the principle of equality under the law.
The Supreme Court plays a critical role in protecting minority populations against laws passed by majorities that could infringe on their rights. This allows the Court to preserve fundamental American values, even when a popular majority may try to deviate from them.
How City Council Wields Power: Zoning Law Edition
You may want to see also
Frequently asked questions
Yes, federal courts can strike down state laws if they violate the Constitution.
The process for striking down a state law is called judicial review. The Supreme Court reviews the constitutionality of state laws and determines whether they align with the principles set out in the Constitution.
No, federal courts can only strike down state laws that violate the Constitution.
In Brown v. Board of Education (1954), the Supreme Court struck down state laws establishing racial segregation in public schools, affirming the principle of equality under the law.
Yes, lower federal courts can strike down state laws if they violate the Constitution. However, they can also pause the case and send the question to the constitutional court.