Cecily Zamora
The Supreme Court of the United States has the power to review acts of Congress and determine if they are constitutional. If a law is found to be in violation of the Constitution, it can be declared unconstitutional and rendered invalid. This process is known as judicial review, and it ensures that the laws passed by Congress are in line with the Constitution. The Supreme Court has the final say on the constitutionality of laws, and its decisions can shape public policy and the interpretation of the Constitution. One example is the case of *City of Boerne v. Flores* (1997), where the Court found that the Religious Freedom Restoration Act (RFRA) was so far out of proportion to a supposed remedial or preventive object that it cannot be understood as responsive to, or designed to prevent, unconstitutional behavior. This power of the Supreme Court to declare laws unconstitutional is a crucial aspect of the US political system, allowing for a check and balance on the power of Congress.
| Characteristics | Values |
|---|---|
| Can laws be declared unconstitutional by the Supreme Court? | Yes |
| Example 1 | The Supreme Court held that a counterclaim of tortious interference with a gift during a bankruptcy proceeding was a state common law claim that did not fall under any public rights exceptions allowing for the exercise of Article III jurisdiction. |
| Example 2 | The Supreme Court held that Congress may not compel states to enact or enforce a federal regulatory program, and “Congress cannot circumvent that prohibition by conscripting the State’s officers directly. |
| Example 3 | The Supreme Court held that a provision of the District of Columbia Public Utility Commission Act authorizing appeal to the United States Supreme Court from decrees of the District of Columbia Court of Appeals modifying valuation decisions of the Utilities Commission was an attempt to extend the appellate jurisdiction of the Court to cases not strictly judicial within the meaning of Article III, § 2. |
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What You'll Learn
The Supreme Court's power to declare laws unconstitutional
The Supreme Court does indeed have the power to declare laws unconstitutional. This power stems from the principle of judicial review, which allows courts to examine the constitutionality of legislative and executive acts. When a law is found to be in violation of the Constitution, the Supreme Court can strike it down, rendering it null and void.
One notable example of the Supreme Court declaring a law unconstitutional occurred in the case of *City of Boerne v. Flores* (1997). In this case, the Supreme Court held that the Religious Freedom Restoration Act (RFRA) was "so far out of proportion to a supposed remedial or preventive object that it cannot be understood as responsive to, or designed to prevent, unconstitutional behavior." This ruling demonstrated the Court's authority to invalidate a federal statute on the basis of unconstitutionality.
Another instance where the Supreme Court played a crucial role in upholding the Constitution was in *New York v. United States* (1992). On this occasion, the Court asserted that Congress could not compel states to enact or enforce a federal regulatory program. This decision reinforced the constitutional allocation of power between the federal and state governments.
Furthermore, the Supreme Court can also review decisions made by lower courts and affirm their rulings if they align with constitutional principles. In *Chief of Capitol Police v. Jeanette Rankin Brigade* (1972), the Supreme Court affirmed a district court decision that held a statute prohibiting parades or assemblages on United States Capitol grounds was invalid under the First and Fifth Amendments.
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The First Amendment and free speech
The First Amendment to the United States Constitution was ratified on December 15, 1791, and is commonly recognized for its protection of freedom of speech, religion, the press, and the right to assemble and petition the government. The First Amendment states that:
> "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The Supreme Court has interpreted this to mean that no branch or section of the federal, state, or local governments can infringe upon American citizens' freedom of speech. However, it's important to note that private organizations, such as businesses, colleges, and religious groups, are not bound by the same constitutional obligation.
The First Amendment's protection of free speech has been the subject of numerous Supreme Court decisions, with the Court determining that it protects various forms of political speech, anonymous speech, campaign finance, pornography, and school speech. The Court has also ruled that the First Amendment implicitly protects freedom of association. For example, in Tinker v. Des Moines (1969), the Court upheld the right of students to wear black armbands to school to protest a war, stating that "students do not shed their constitutional rights at the schoolhouse gate." In Cohen v. California, the Court protected the use of certain offensive words and phrases to convey political messages. In Texas v. Johnson (1989) and United States v. Eichman (1990), the Court upheld the right to engage in symbolic speech, such as burning the flag in protest.
While the First Amendment guarantees freedom of speech, it is not absolute. Commercial speech, for instance, is less protected and is subject to greater regulation. Defamation, obscenity, and interpersonal threats to life and limb are also forms of expression that have little to no First Amendment protection.
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The Sixth Amendment and jury trials
The Sixth Amendment to the United States Constitution guarantees criminal defendants eight distinct rights, including the right to a speedy and public trial by an impartial jury. This jury must consist of jurors from the state and district in which the crime was committed, and the jury must be a representative cross-section of the community. The right to an impartial jury trial means that jurors must be unbiased.
The Sixth Amendment's Confrontation Clause gives criminal defendants the right to confront and cross-examine witnesses, while the Compulsory Process Clause allows them to call their own witnesses and, in some cases, compel them to testify. The Assistance of Counsel Clause grants criminal defendants the right to be assisted by counsel. In Gideon v. Wainwright (1963) and subsequent cases, the Supreme Court ruled that a public defender must be provided to criminal defendants who cannot afford an attorney if they may face imprisonment.
The right to a jury trial does not apply to petty offences, which are those punishable by imprisonment of no more than six months. It also does not apply when multiple petty offences are involved, even if the total possible imprisonment exceeds six months. Additionally, minors are usually tried in a juvenile court, which does not have a jury, except for the most serious offences such as murder.
The Supreme Court initially held that the Sixth Amendment right to a jury trial indicated a right to a trial by a jury of twelve persons, with a unanimous verdict, as was customary in England when the Constitution was adopted. However, in Ramos v. Louisiana (2020), the Court ruled that the Sixth Amendment mandates unanimity in all federal and state criminal jury trials, but that a jury of six would be sufficient to uphold the defendant's right to a trial by jury.
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The separation of powers between federal and state governments
The United States Supreme Court has the power to declare laws unconstitutional. This power stems from the concept of judicial review, which allows the Court to examine the constitutionality of laws and determine whether they align with the US Constitution. When a law is found to violate the Constitution, the Court can strike it down, rendering it null and void.
This power of judicial review plays a crucial role in maintaining the separation of powers between the federal and state governments. By interpreting the Constitution and striking down laws that exceed the boundaries set by the Constitution, the Supreme Court ensures that neither the federal nor the state government overreaches its authority.
One notable example of the Supreme Court declaring a law unconstitutional due to the separation of powers between the federal and state governments is New York v. United States (1992). In this case, the Court held that Congress could not compel states to enact or enforce a federal regulatory program. The Court affirmed that "Congress cannot circumvent that prohibition by conscripting the State's officers directly." This ruling reinforced the principle that the federal government must respect the autonomy of state governments and cannot force them to implement federal policies.
In another case, Keller v. Potomac Elec. Co. (1923), the Supreme Court addressed the issue of appellate jurisdiction. The Court held that a provision of the District of Columbia Public Utility Commission Act, which authorised appeals to the Supreme Court from decrees of the District of Columbia Court of Appeals, was unconstitutional. The Court determined that this provision attempted to extend its appellate jurisdiction beyond the scope defined by the Constitution, which is limited to "cases strictly judicial within the meaning of Article III, § 2."
The separation of powers between the federal and state governments is a fundamental aspect of the US constitutional framework. The Supreme Court, through its power of judicial review, acts as a guardian of this separation, ensuring that neither the federal nor state governments exceed their enumerated powers and preserving the balance of power as intended by the Constitution.
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The Supreme Court's appellate jurisdiction
The Supreme Court is the highest court in the United States, and it plays a crucial role in the country's constitutional system of government. The Court's power of judicial review is significant as it ensures that each branch of the government recognizes and respects the limits of its power.
Most cases heard by the Supreme Court fall within its appellate jurisdiction rather than its original jurisdiction. The Court has the authority to review decisions of state courts and lower federal courts, including circuit courts, through two mechanisms: appeals and petitions for a writ of certiorari. While the Court is required to exercise jurisdiction over cases on direct appeal, it has the discretion to grant or deny review via a petition for a writ of certiorari.
For the first century of the Court's existence, most of its cases were direct appeals, emphasizing the mandatory nature of appellate review. Chief Justice John Marshall, in Marbury v. Madison (1803), first implied that the Court is obligated to take and decide cases that meet jurisdictional standards. This was further elaborated on by Marshall in Cohens v. Virginia, where he stated that the Court had "no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given."
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Frequently asked questions
Yes, laws can be declared unconstitutional by the Supreme Court.
Yes, in United States v. Jackson, 390 U.S. 570 (1968), a provision of the Lindbergh Kidnapping Act that imposed the death penalty only if recommended by the jury was held to be unconstitutional.
The law was deemed unconstitutional because it penalized the assertion of a defendant's Sixth Amendment right to a jury trial.
In City of Boerne v. Flores, 521 U.S. 507 (1997), the Religious Freedom Restoration Act (RFRA) was held to be unconstitutional as it was found to be "so far out of proportion to a supposed remedial or preventive object".
The original Child Labor Law, which prohibited the employment of children under the age of 14 for more than 8 hours a day or 6 days a week in certain industries, was held to exceed the commerce power of Congress and thus deemed unconstitutional.
