Gavin Howe
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 have a profound impact on society, with the authority to strike down state laws found to be in violation of the Constitution. For instance, in the case of Chalker v. Birmingham & N.W. Ry. (1919), the Court deemed a Washington law imposing excessive charges on oil products as an invalid burden on interstate commerce. Similarly, in United States v. Peters (1809), the Court ruled against a Pennsylvania statute that attempted to annul the judgment of a federal court. These examples demonstrate the Court's role in interpreting and upholding the Constitution, ensuring that statutory laws across the nation align with its principles.
| Characteristics | Values |
|---|---|
| Number of Justices in the United States Supreme Court | 1 Chief Justice and 8 Associate Justices |
| Appointment of Justices | Appointed by the President and confirmed by the Senate |
| Tenure | Hold office for life |
| Jurisdiction | Original and appellate jurisdiction |
| Powers | Can strike down state laws found to be in violation of the Constitution |
| Examples of laws deemed unconstitutional | A Kentucky law on C.O.D. shipments of liquor |
| A Washington law imposing excessive charges on oil products |
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What You'll Learn
Supreme Court decisions on unconstitutionality
In the United States, the Supreme Court can declare acts of Congress, state or territorial statutes, regulations, or provisions unconstitutional. This also applies to municipal or other local ordinances.
There are three categories of Supreme Court decisions regarding unconstitutionality:
- Cases holding state constitutional or statutory provisions unconstitutional
- Cases holding local laws unconstitutional
- Cases holding that state or local laws are preempted by federal law
Some examples of Supreme Court decisions on unconstitutionality include:
- Willcox v. Consolidated Gas Co. of New York (1909): The Court's summary indicated that a law had been declared unconstitutional, but this was not explicitly stated in the decision.
- United States v. Peters (1809): A Pennsylvania statute prohibiting the execution of any process to enforce a sentence of a federal court was held to be without legal foundation as it could not annul the judgment of a court of the United States.
- Chalker v. Birmingham & N.W. Ry. (1919): A Tennessee act that made the annual tax for the privilege of doing railway construction work dependent on whether the person taxed had their chief office in Tennessee violated the Privilege and Immunities Clause of Article IV, Section 2.
- Travis v. Yale & Towne Mfg. Co. (1920): A New York income tax law that allowed exemptions to residents, with increases for married persons and dependents, but no equivalent exemptions to non-residents, abridged the Privileges and Immunities Clause.
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State laws vs federal laws
Federal laws apply to everyone in the United States, while state laws apply to people who live or work in a particular state. Federal laws are decided by the Legislative Branch of the federal government (Congress) and pertain to the entire nation. They cover areas such as immigration, bankruptcy, the postal service, intellectual property, the military, civil rights, and social security.
State laws are implemented by the state legislature and confirmed by the state governor. They often cover areas such as family law, criminal law, real estate law, and welfare matters. State laws can grant citizens additional rights that are not explicitly granted by federal law, but they cannot restrict rights granted by federal law. If a state law conflicts with a federal law, federal law is upheld. This is due to the Supremacy Clause in Article VI of the Constitution, which states that federal laws have superiority over state constitutions and laws.
An example of the tension between federal and state law is the legalization of marijuana. While the possession and distribution of cannabis are considered federally illegal, several states have legalized recreational or medical marijuana. Despite this, federal regulation still permits law enforcement to arrest or prosecute distributors of cannabis, even in states where it has been legalized.
In some cases, both federal and state laws may govern a particular issue. This often occurs when Congress spends money to create programs for the general welfare, and federal funds are offered to a state to participate.
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Judges' independence
Judicial independence is a cornerstone of the justice system in many democratic countries. The ability of judges to interpret and rule on the constitutionality of statutory law is a key aspect of this independence. In the United States, for example, the Supreme Court plays a crucial role in reviewing and interpreting laws passed by Congress, and in some cases, deeming them unconstitutional. This power of judicial review allows judges to act as a check on the other branches of government, ensuring that laws align with the Constitution.
One example of a case where the Supreme Court deemed a statutory law unconstitutional is American Express Co. v. Kentucky (1907). In this case, the Court ruled that a Kentucky law prohibiting C.O.D. shipments of liquor and holding the carrier jointly liable with the vendor was an invalid regulation of interstate commerce. This ruling demonstrated the Court's power to strike down state laws that conflict with the Constitution, in this case, the Commerce Clause.
Another case illustrating judicial independence and the power to deem statutory laws unconstitutional is United States v. Peters (1809). In this instance, the Supreme Court held that a Pennsylvania statute purporting to annul the judgment of a federal court was without legal foundation. This decision affirmed the principle that state laws cannot override the decisions and jurisdiction of federal courts.
Judicial independence is essential to upholding the rule of law and ensuring that laws are fair, just, and consistent with the Constitution. It allows judges to interpret and apply laws impartially, free from influence or interference by the other branches of government. This independence is a critical safeguard for protecting individual rights and liberties guaranteed under the Constitution.
While judicial independence is a fundamental principle, it is not without its challenges and criticisms. One concern is the potential for judicial activism, where judges may be perceived as making decisions based on personal or political ideologies rather than a neutral interpretation of the law. Finding a balance between judicial independence and accountability is a ongoing debate in legal and political spheres.
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Jurisdiction of Supreme Court
The jurisdiction of the Supreme Court of the United States refers to its 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. This means that these cases are tried before the Court in the first instance. The Judiciary Act of 1789, for example, gave the Supreme Court original jurisdiction to issue writs of mandamus (orders compelling government officials to act in accordance with the law).
The Supreme Court also has appellate jurisdiction, meaning it can hear almost any case on appeal that involves a point of constitutional and/or federal law. This means that the Court can review decisions made by lower courts and decide whether a law is constitutional. This includes the power to strike down state laws found to be in violation of the Constitution. For example, the Supreme Court has held that state laws that conflict with a federal statute or treaty are void due to the Supremacy Clause.
The Supreme Court's decisions have a significant impact on society, shaping the law on a national level and affecting the rights of citizens. For instance, in Tinker v. Des Moines Independent School District (1969), the Court held that students could not be punished for wearing black armbands to school as a form of protest, upholding the right to free speech.
The Supreme Court is composed of nine justices, including one Chief Justice and eight Associate Justices. These justices are appointed by the President and confirmed by the Senate, serving for life with their salaries protected from decrease during their term. This independence from political branches is designed to safeguard the judiciary's autonomy.
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Student rights
The ability of federal courts to declare legislative and executive actions unconstitutional is known as judicial review. The Marbury v. Madison case established the concept of judicial review. In the United States, there have been several landmark Supreme Court cases that have defined and continue to shape student rights.
In the case of Bethel School District #43 v. Fraser (1987), the Supreme Court held that students do not have a First Amendment right to make obscene speeches in school. The Court ruled that the free speech rights of a student, Matthew N. Fraser, were not violated when he was suspended for three days for delivering an obscene and provocative speech while nominating a fellow classmate for an elected school office.
In the matter of Board of Education of Independent School District #92 of Pottawatomie County v. Earls (2002), the Supreme Court held that random drug tests of students involved in extracurricular activities do not violate the Fourth Amendment. This ruling was in line with the Court's earlier decision in Veronia School District v. Acton (1995), which stated that random drug tests of student athletes do not violate the Fourth Amendment's prohibition of unreasonable searches and seizures.
The case of Hazelwood v. Kuhlmeier (1988) dealt with the First Amendment right to freedom of speech. In this instance, the Supreme Court held that administrators may edit the content of school newspapers to reflect school values. The student authors, in this case, argued that the principal's editing of their articles in the school paper was a violation of their rights.
In Gideon v. Wainwright (1963), the Supreme Court ruled that indigent defendants must be provided representation without charge, ensuring access to justice for those who cannot afford it. This case established that the Sixth Amendment requires indigent criminal defendants to be provided with an attorney at no cost.
The case of Goss v. Lopez (1975) established that students are entitled to certain due process rights.
In the matter of Brown v. Board of Education, the Supreme Court's unanimous decision established that "separate educational facilities are inherently unequal," violating the Equal Protection Clause of the 14th Amendment. This landmark ruling ordered an end to legally mandated race-segregated schools, marking a pivotal moment in the civil rights movement.
Engel v. Vitale (1962) and Abington School District v. Schempp (1963) also dealt with the issue of religious activities in schools. The Supreme Court held that the government could not sponsor religious activities, such as daily nondenominational prayers or requiring students to read Bible verses and say the Lord's Prayer, as it would constitute an unconstitutional establishment of religion in violation of the First Amendment.
These cases illustrate the evolution of student rights in the United States and the role of the judiciary in interpreting and applying the Constitution to protect the rights and freedoms of students.
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Frequently asked questions
Yes, judges can deem statutory law unconstitutional. The Supreme Court has the legal ability to hear cases involving constitutional and/or federal law.
State or local laws that are deemed unconstitutional are considered void. This is because they conflict with a federal statute, treaty, or the Supremacy Clause.
In Chalker v. Birmingham & N.W. Ry. (1919), a Washington law was deemed to impose an excessive charge and, therefore, an invalid burden on interstate commerce.
The decisions of the Supreme Court can have a profound impact on society, as they set important precedents. 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 as a form of protest, protecting their right to free speech.
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