Keith Mack
The Supreme Court of the United States is the only federal court explicitly mentioned in the U.S. Constitution, and it wields the power to declare laws unconstitutional through judicial review. This power has been exercised by the Court throughout history, with examples including Marbury v. Madison in 1803, where the Court held that a provision regarding the power of the Supreme Court was an attempt to enlarge its original jurisdiction, and City of Boerne v. Flores in 1997, where the Court deemed the Religious Freedom Restoration Act (RFRA) to be so far out of proportion that it couldn't be considered a response to unconstitutional behavior. While the Supreme Court's authority is significant, it has faced criticism and calls for reform due to its reliance on power grabs from Congress and the President over the years.
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What You'll Learn
Supreme Court's authority
The Supreme Court is the highest court in the United States, and as such, it has the authority to declare a law unconstitutional. This power of judicial review was established in the landmark case of Marbury v. Madison in 1803, which held that the Supreme Court has the final say on the constitutionality of laws passed by Congress. Over the years, the Court has used this power to strike down numerous federal and state laws that it has found to violate the US Constitution. For example, in City of Boerne v. Flores (1997), the Court held that certain provisions of the Religious Freedom Restoration Act were unconstitutional because they exceeded the Congress's power under the Constitution.
However, it is important to note that the Supreme Court's authority to declare laws unconstitutional is not unlimited. The Court may only review laws that are properly before it in the context of a legal dispute, and its decisions are subject to interpretation and can be changed by subsequent Courts or constitutional amendments. Additionally, the Court cannot act unconstitutionally itself, and its decisions may be checked by Congress, which can appoint new justices or take other actions to assert its authority.
The Supreme Court's power to declare laws unconstitutional is a crucial aspect of the system of checks and balances in the US Constitution, designed to prevent the abuse of power by any one branch of government. This power allows the Court to act as a guardian of the Constitution, ensuring that laws passed by Congress and state governments comply with the Constitution's protections of individual rights and freedoms.
While the Supreme Court has the final say on the constitutionality of laws, its decisions are not always unanimous, and the Court has been criticised for allegedly acting in a partisan manner or exceeding its authority. In such cases, Congress and the President have the power to appoint new justices or take other remedial actions to address the Court's decisions. Ultimately, the Supreme Court's authority to declare laws unconstitutional is an essential but carefully balanced power in the US constitutional system.
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First Amendment
The Supreme Court of the United States can declare a law unconstitutional, but it is not the only body that can do so. The Supreme Court's power to declare laws unconstitutional is derived from Marbury v. Madison, a landmark decision in which the Court established its authority to review and strike down laws that violate the US Constitution. This power of judicial review allows the Court to act as a check on the other branches of government, ensuring that laws enacted by Congress or actions taken by the Executive Branch do not violate the Constitution.
However, it is important to note that the Supreme Court's decisions can be complex and context-dependent, and they may not always be unanimously agreed upon by the Justices. In some cases, the Court's rulings have been controversial and heavily debated, with dissenting opinions from some of the Justices.
The First Amendment to the US Constitution is a crucial component of the Bill of Rights, which comprises the first ten amendments. It guarantees several fundamental freedoms, including freedom of religion, freedom of speech, freedom of the press, the right to peaceably assemble, and the right to petition the government for redress of grievances. The First Amendment protects these rights against infringement by the government, ensuring that individuals can freely express themselves, practise their religion, and assemble without interference or retaliation.
Over the years, the Supreme Court has heard numerous cases involving the First Amendment. For example, in Lamont v. Postmaster General (1965), the Court held that a provision of the Postal Services and Federal Employees Salary Act of 1962 violated the First Amendment rights of individuals. The provision authorised the Post Office Department to detain material deemed "communist political propaganda" and only forward it to the recipient upon their request after notification. The Court found that this imposed an "affirmative obligation" that abridged First Amendment rights.
In another case, Bartnicki v. Vopper (2001), the Supreme Court addressed the intersection of the First Amendment and privacy rights. The case involved the disclosure of illegally intercepted cellular phone conversations related to a labour dispute and the potential threat of violence. The Court ruled that while privacy concerns are important, they "give way when balanced against the interest in publishing matters of public importance." Therefore, the prohibition on disclosing the contents of illegally intercepted communications violated the First Amendment in this context.
The Supreme Court's interpretations and applications of the First Amendment have evolved over time, shaping the understanding and protection of these fundamental freedoms in the United States.
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Sixth Amendment
The ability of federal courts to declare legislative and executive actions unconstitutional is known as judicial review. The Judiciary Act of 1789 gave the Supreme Court the authority to issue certain judicial writs, despite the Constitution not granting them this power.
Marbury v. Madison established the concept of judicial review. In this case, the Court held that any contradictory congressional Act is without force as the Constitution is the Supreme Law of the Land.
In Gideon v. Wainwright, the Supreme Court ruled that indigent criminal defendants must be provided with an attorney free of charge, as per the Sixth Amendment. The defendant, Gideon, was accused of a felony and, being indigent, requested that the judge provide him with an attorney free of charge. The judge denied his request, but the Supreme Court ruled in Gideon's favor, stating that the Sixth Amendment requires indigent criminal defendants to be provided with legal representation without charge.
In another case, Hazelwood v. Kuhlmeier, the Supreme Court held that administrators can edit materials that reflect school values. The student authors of two articles in a school newspaper argued that the editing of their work by the principal violated their First Amendment right to freedom of speech. The Supreme Court disagreed, stating that school administrators are allowed to edit content to align with school values.
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Public rights exceptions
The Supreme Court has held that Article I courts can adjudicate cases involving "public rights", which are cases that arise between a private actor and the government. The public rights theory can be traced back to the Court's 1855 ruling in Murray's Lessee v. Hoboken Land & Improvement Co.
The Supreme Court has offered several rationales for why public rights cases can be handled in Article I courts. The first rationale is based on the doctrine of sovereign immunity. This postulates that because Congress need not allow suits against the government at all, the legislature is free to attach conditions to the federal government being sued, including what type of forum the claims can be brought in. The second rationale is that, historically, these cases were conclusively determined by the Executive and Legislative Branches. As a result, there can be no constitutional objection to Congress's employment of the less drastic expedient of committing their determination to a legislative court or an administrative agency.
In the 1982 case Northern Pipeline Const. Co. v. Marathon Pipeline Co., the Court addressed whether Article I bankruptcy courts could adjudicate common-law contract and tort claims. Justice William J. Brennan, writing for a plurality of the Court, traced three historical exceptions to the literal command of Article III: territorial courts, military courts, and courts and agencies that adjudicate public rights. Disposing of the first two categories as clearly inapplicable, the plurality also rejected the public rights argument as the underlying case did not arise between the government and a private party, but involved a state-created claim between two private parties.
In 1932, in Crowell v. Benson, the Court approved an administrative scheme for evaluating maritime employee compensation claims, subject to judicial review, although the case involved a matter of private right. The scheme was permissible, the Court said, because in cases arising out of congressional statutes, an administrative tribunal could make findings of fact and render an initial decision on legal and constitutional questions, as long as there was adequate review in a constitutional court.
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Unconstitutional power grabs
The Supreme Court of the United States is the ultimate arbiter of a law's constitutionality and can declare a law or part of it unconstitutional. However, concerns have been raised about the Court's authority resting on "unconstitutional power grabs" from Congress and the President over the years. This assertion stems from cases like Marbury v. Madison, Plessy v. Ferguson, Chevron, and Trump v. United States, where the Court's decisions were controversial.
The Marbury v. Madison case in 1803 involved a dispute over a commission as a justice of the peace in the District of Columbia. The Supreme Court's decision in this case was seen as an attempt to enlarge its original jurisdiction, as established by Article III, § 2. This case set a precedent for the Court's power to review and interpret the Constitution, but it has also been criticised as an example of judicial overreach.
Plessy v. Ferguson (1896) is another infamous example of the Supreme Court's controversial rulings. The Court upheld the constitutionality of racial segregation laws, establishing the "separate but equal" doctrine, which was later used to justify racial segregation in public facilities. This ruling was a significant setback for civil rights and equality, and the Court's decision has been widely criticised as an endorsement of racial discrimination.
In more recent times, the Chevron case and Trump v. United States have also sparked debates about the Supreme Court's role in interpreting and enforcing the Constitution. In Chevron, the Court established a doctrine that gives federal agencies the power to interpret ambiguous statutes, which some see as a delegation of legislative power to the executive branch. In Trump v. United States, the Court ruled on issues related to presidential immunity and the potential for executive overreach.
While the Supreme Court is tasked with interpreting the Constitution and ensuring that laws align with it, there are concerns that it has, at times, overstepped its bounds and engaged in "unconstitutional power grabs." These instances highlight the complex nature of constitutional interpretation and the ongoing debates surrounding the Supreme Court's role and authority in shaping the legal landscape of the United States.
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Frequently asked questions
Yes, the Supreme Court can act in an unconstitutional manner by acting outside its authority.
Congress can appoint new justices to declare the action legal, or a constitutional amendment can be made.
No, because amendments, once ratified, are part of the Constitution.
