Kara Sears
The United States Supreme Court, composed of one Chief Justice and eight Associate Justices, has the power to deem statutory laws unconstitutional. The Court's decisions, which can deem state or local laws unconstitutional, have a profound impact on society and have influenced several landmark cases involving students, such as Tinker v. Des Moines Independent School District (1969), where students were permitted to wear black armbands to school in protest of the Vietnam War. The Supreme Court's authority to strike down state laws that violate the Constitution was established in subsequent cases, with the Court's jurisdiction outlined in Article III, Section II of the Constitution.
| Characteristics | Values |
|---|---|
| Number of Justices of the United States Supreme Court | 8 Associate Justices and 1 Chief Justice |
| Appointment | Appointed by the President and confirmed by the Senate |
| Term | Justices typically hold office for life |
| Jurisdiction | Original jurisdiction over certain cases, e.g., suits between two or more states, cases involving ambassadors and other public ministers |
| Appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law | |
| Powers | Authority to strike down state laws found to be in violation of the Constitution |
| Power to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law) | |
| Examples | United States v. Peters, 9 U. S. (5 Cr.) 115 (1809) |
| Chalker v. Birmingham & N. W. Ry., 249 U. S. 522 (1919) | |
| Tinker v. Des Moines Independent School District (1969) |
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What You'll Learn
Supreme Court decisions on unconstitutional laws
In the United States, the Supreme Court has the power to declare laws unconstitutional. This means that the Court can deem a law adopted by Congress contrary to the US Constitution, making it invalid.
The Supreme Court has made several landmark decisions on laws that violate the Constitution. Here are some notable examples:
Brown v. Board of Education
The Court overturned Plessy v. Ferguson, holding that state laws requiring or allowing racially segregated schools violate the Equal Protection Clause of the Fourteenth Amendment. The Court stated that "separate educational facilities are inherently unequal." This decision helped lay the groundwork for the civil rights movement and integration across the country.
Gideon v. Wainwright
The Court held that the Sixth Amendment guarantees the right to assistance of counsel in criminal state trials, meaning "lawyers in criminal court are necessities, not luxuries." This decision expanded public defender systems across the country.
Miranda v. Arizona
The Court found that the Fifth and Sixth Amendments require police to inform individuals in custody of their rights to remain silent and to be assisted by an attorney.
Roe v. Wade
The Court held that under the Fourteenth Amendment Due Process Clause, states may only restrict abortions toward the end of a pregnancy to protect the life of the woman or fetus. The Court recognised a constitutional right to privacy regarding abortion.
Schenck v. United States
The Court held that sending antiwar pamphlets to drafted men during wartime could be restricted under the Espionage Act as it presented a "clear and present danger." This decision created a test for limiting free speech during extraordinary circumstances.
Chalker v. Birmingham & N. W. Ry.
The Court deemed a Tennessee tax law unconstitutional as it violated the Privilege and Immunities Clause. The law imposed a higher tax on those conducting railway construction work with chief offices outside of Tennessee.
American Express Co. v. Kentucky
The Court invalidated a Kentucky law prohibiting C.O.D. shipments of liquor, finding it to be an invalid regulation of interstate commerce.
These Supreme Court decisions showcase the power of judicial review and the Court's role in safeguarding constitutional rights by striking down laws that conflict with the US Constitution.
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Federal law overriding state law
The U.S. Constitution declares that federal law is "the supreme law of the land". This is commonly referred to as "preemption". When a federal law conflicts with a state or local law, the federal law will override the state or local law.
The Supremacy Clause, found in Article VI, Section 2 of the U.S. Constitution, establishes the supremacy of federal authority and law. It states that federal law and the Constitution supersede state laws. The Supremacy Clause is considered a cornerstone of the United States' federal political structure.
Alexander Hamilton wrote in Federalist No. 78 that, "There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid."
Determining whether federal law preempts state law requires an extensive analysis. Congress can include specific language in a statute that preempts state law, but even in the absence of such language, preemption could be implied by other factors. This is known as "express preemption". The Supreme Court has established requirements for preemption of state law, and an Executive Order issued by President Clinton in the late 1990s addresses preemption by federal regulations.
Implied preemption can occur when state and federal laws directly conflict with each other, or when federal laws dominate a field that a state law seeks to regulate. For example, in Arizona v. United States, 567 U.S. 387 (2012), the Supreme Court held that federal immigration law preempted a state law penalizing undocumented immigrants who worked without authorization. The Immigration Reform and Control Act of 1986 contained an express preemption clause, and the Court found that Arizona's law was "an obstacle to the regulatory system Congress chose."
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Judges' independence from politics
Judicial independence is the ability of courts and judges to perform their duties without influence or control by other actors, whether governmental or private. In the United States, federal judges are protected from the influence of other branches of government and shifting popular opinion. This insulation, referred to as judicial independence, allows them to make decisions based on what is right under the law without facing political or personal consequences.
There are two main factors that contribute to judicial independence in the US. Firstly, judges are appointed at the federal level, rather than being elected. This means they do not have to run for election, raise money, or take a partisan stand on issues. As a result, they do not have to please constituents or gain reelection and can focus on their job. Secondly, federal judges are appointed for life. This provides them with job security and allows them to make decisions based on what is right under the law without fearing that they will be fired if they make an unpopular decision.
However, it is important to note that it is difficult, if not impossible, to create a perfectly independent judiciary that is completely insulated from all forms of political and popular influence. Even a highly independent court, such as the US Supreme Court, is likely to be reshaped by political forces and accommodate the wishes of a durable political majority over time. Additionally, while judicial independence is crucial, it must be balanced against judicial accountability to ensure that judges are deciding cases fairly and in accordance with the law.
To ensure that judges remain accountable and do not abuse their power, the US Constitution includes several "checks" on judicial power. One such check is impeachment, which is detailed in Article I of the Constitution. The House of Representatives investigates and charges the accused, and the Senate acts as the judge and jury. If found guilty, the judge is removed from office. Another check on the power of the courts is the Judicial Code of Conduct, which outlines a set of ethical principles that judges agree to abide by when they take office.
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Supreme Court jurisdiction
The Supreme Court of the United States is established by Article III, Section 1 of the US Constitution. The Court's term begins on the first Monday in October and runs until the Sunday before the first Monday in October of the following year. The Court is typically in recess from late June/early July until October.
Article III, Section 2, Clause 2 of the Constitution defines the Supreme Court's jurisdiction. The clause grants the Court original jurisdiction over cases involving ambassadors, other public ministers and consuls, and those in which a state is a party. This means these cases may be filed directly with the Supreme Court, rather than reaching it on appeal. The Court's original jurisdiction is self-executing, requiring no further action from Congress. The Court has original jurisdiction over certain cases, such as suits between two or more states.
The Court also has appellate jurisdiction over all other cases subject to federal court jurisdiction. This means that the Court reviews decisions made by inferior federal courts and final judgments of state courts, if authorised by Congress. The Court's appellate jurisdiction is not self-executing, and Congress must enact legislation to empower the Court to hear cases on appeal.
The Certiorari Act of 1925 gives the Court discretion over whether to hear a case. The Court typically only hears cases that have been decided in a US Court of Appeals or the highest court in a given state. The Court accepts 100-150 of the more than 7,000 cases it is asked to review each year.
The Supreme Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison (1803). The Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
The Justices decide whether to accept a case (grant a petition for certiorari), after which the case is placed on the docket. The petitioner and respondent then file briefs, and the US Government, represented by the Solicitor General, can file a brief on behalf of the government.
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Student rights and the law
Students have various rights under the law, which offer protection and outline what schools can and cannot do. In the US, federal law prohibits public schools from discriminating against people with disabilities, and they must be granted equal access to academic courses, field trips, extracurricular activities, school technology, and health services. Schools are also required to make accommodations for students with disabilities. Furthermore, schools cannot discriminate against students based on race, colour, or national origin, and undocumented children have a right to a free public education. Schools should not require families to prove their immigration status for their children to enroll.
Students who are transgender have a right to privacy, and their transgender status and gender assigned at birth are considered confidential information protected by federal privacy law. Schools cannot reveal this information without the student's permission, and several courts have ruled that transgender students must be allowed to use the restrooms and locker rooms consistent with their gender identity.
LGBTQ students have the right to express themselves, and schools are responsible for creating a safe learning environment. Schools cannot ignore harassment based on a student's appearance or behaviour, and students should report any harassment or threats to a principal or counsellor.
Students also have rights when it comes to interactions with the police. While at school, students can refuse to consent to a search by the police, although this may not stop the search. Police need a warrant to search a student's phone, and no police officer or school employee has the authority to strip-search a student. If a student is arrested, they have the right to remain silent and ask for a lawyer.
In terms of attendance, students can be disciplined for missing class, but the punishment for this will vary depending on the state, school district, and school. Students facing suspension of 10 days or more have a right to a formal process and can be represented by a lawyer.
Judges can deem statutory law unconstitutional, and there are several examples of this in US law. For instance, in the case of United States v. Peters, a Pennsylvania statute that prohibited the execution of any process issued to enforce a sentence of a federal court was held to be without legal foundation. In another case, a Washington law that imposed excessive charges on oil products brought into the state was deemed an invalid burden on interstate commerce.
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Frequently asked questions
Yes, judges can deem statutory law unconstitutional. The Supreme Court has the legal ability to hear cases and has original jurisdiction over certain cases, such as those involving ambassadors. The Court also has appellate jurisdiction over almost any other case involving constitutional or federal law.
State or local laws that conflict with federal law are deemed void and are preempted by federal law. This is due to the Supremacy Clause.
In Chalker v. Birmingham & N.W. Ry. (1919), a Washington law was deemed to impose an excessive charge and an invalid burden on interstate commerce.
The decisions of the Supreme Court can have a profound impact on society, including students. 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, protecting their First Amendment rights.
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