Cameron Miranda
The Supreme Court is the highest court in the United States and plays a crucial role in the country's constitutional system of government. It has the power of judicial review, which allows it to declare a law unconstitutional if it violates the Constitution. This power is not explicitly mentioned in the Constitution but is considered the Court's best-known authority. The Court's decisions have a significant impact on society, as they shape the interpretation and application of constitutional law, ensuring that the government's actions align with the Constitution and protecting civil rights and liberties. The Court's rulings also set limits on democratic governance, safeguarding minorities from laws that may harm or exploit them. In addition to hearing cases involving constitutional matters, the Supreme Court can also rule on cases concerning federal law, treaties, and admiralty.
| Characteristics | Values |
|---|---|
| Court with authority to declare laws unconstitutional | Supreme Court |
| Power of the court | Judicial review |
| Court's role | Court of last resort for those seeking justice |
| Court's responsibility | Ensuring that each branch of the government recognizes the limits of its power |
| Court's duty | Protecting civil rights and liberties |
| Court's function | Setting appropriate limits on democratic government |
| Court's impact | Decisions affect society at large |
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What You'll Learn
Supreme Court's role in the US constitutional system
The Supreme Court is the highest court in the United States, and as such, it is the court of last resort for those seeking justice. The Supreme Court plays a crucial role in the US constitutional system of government in several ways. Firstly, it has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison (1803) and is not explicitly mentioned in the Constitution. The Supreme Court's ability to conduct judicial reviews ensures that each branch of the government recognizes its limits and respects the Constitution as the supreme law of the land.
The Supreme Court also has the important role of protecting civil rights and liberties. It does so by striking down laws that violate the Constitution and setting limits on democratic governments. This ensures that the majority's changing views do not undermine the fundamental values shared by all Americans, such as freedom of speech, freedom of religion, and due process of law.
The Supreme Court's term commences on the first Monday of October each year and continues until June or early July of the following year. Each term consists of alternating periods of about two weeks, known as "sittings" and "recesses." During the sittings, the justices hear cases and deliver rulings, while the recesses are used to discuss cases and write opinions.
The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction over almost any other case involving constitutional or federal law. The Court receives about 7,000 petitions for writs of certiorari each year but only grants around 80.
The Supreme Court is unique in its ability to consider appeals from state courts, in addition to federal courts. This power was created by the Judiciary Act of 1789 and has been upheld by several rulings throughout history. The Court also has the authority to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
The Constitution, specifically Article II, Section 2, Clause 2 (the Appointments Clause), empowers the President to nominate and appoint justices to the Supreme Court with the confirmation of the Senate. This system of checks and balances ensures a balanced appointment process, as the President has the plenary power to nominate, while the Senate can reject or confirm the nominee.
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Judicial review and its impact
Judicial review is the power of the courts in a country to examine the actions of the legislative, executive, and administrative arms of the government and determine whether such actions are consistent with the constitution. It is considered to have begun with the assertion by John Marshall, the fourth chief justice of the United States, in Marbury v. Madison (1803) that the Supreme Court had the power to invalidate legislation enacted by Congress. While the US Constitution does not explicitly provide for the power of judicial review, it has been deemed an implied power derived from Article III and Article VI of the Constitution.
The impact of judicial review is significant as it provides a check on the power of the other branches of government, ensuring that their actions do not violate the constitution. It also helps to protect the rights and liberties of individuals, as seen in landmark cases such as Harper v. Virginia Board of Elections, where the Supreme Court struck down a state's voting law that required voters to pay a fee, asserting that "the right to vote is too precious, too fundamental to be so burdened or conditioned."
In countries that follow US practice, such as Kenya and New Zealand, judicial review can only be exercised in concrete cases or controversies and only after the fact. This means that only laws that are already in effect or actions that have already occurred can be found to be unconstitutional, and only when they involve a specific dispute between litigants.
Judicial review also extends to the review of administrative actions, where courts assess the actions of administrators against standards of reasonableness and abuse of discretion. When administrative actions are found to be unreasonable or to involve abuses of discretion, they are declared null and void, as are actions that are inconsistent with constitutional requirements. This form of judicial review allows for the indirect review of government actions, even in countries where courts do not have the explicit power to declare acts of government agencies unconstitutional.
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Striking down state laws that violate the Constitution
The power to declare a law unconstitutional is not explicitly mentioned in the Constitution but was established by the Supreme Court in Marbury v. Madison (1803). Article III, Section I of the Constitution establishes the federal judiciary and 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." This means that while the Constitution establishes the Supreme Court, it is Congress that decides how to organize it.
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and also established the lower federal court system. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. The Supreme Court's power of judicial review allows it to play an essential role in ensuring that each branch of government recognizes its limits and protects civil rights and liberties by striking down laws that violate the Constitution.
Some examples of state laws that have been held unconstitutional include:
- A Maryland statute that required an importer to obtain a license before reselling articles imported from abroad, which conflicted with federal power to regulate foreign commerce.
- A West Virginia law barring African Americans from jury service, which violated the Equal Protection Clause.
- A Kansas statute that regulated public stockyards, but only applied to one stockyard company in the state, also violating the Equal Protection Clause.
- A Tennessee license tax on agents soliciting and selling by sample for a company in another state, held as an invalid regulation of commerce.
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Examples of state laws held unconstitutional
In the United States, state laws can be held unconstitutional by the Supreme Court. Here are some examples of where this has occurred:
United States v. Peters (1809)
A Pennsylvania statute prohibiting the execution of any process issued to enforce a federal court sentence was held to be unconstitutional as it attempted to annul the judgment of a court of the United States, which a state statute cannot do.
Fletcher v. Peck (1810)
A Georgia statute annulling the conveyance of public lands authorized by a prior enactment was deemed a violation of the Contracts Clause (Art. I, § 10) of the Constitution.
Dartmouth College v. Woodward (1819)
A New Hampshire law that altered a charter granted to a private corporation by the British Crown prior to the American Revolution was found to be unconstitutional as it violated the Contracts Clause (Art. I, § 10).
Farmers’ and Mechanics’ Bank v. Smith (1821)
A Pennsylvania insolvency law that purported to discharge a debtor from obligations contracted prior to its passage was held to violate the Contracts Clause (Art. I, § 10) of the Constitution.
City of Boerne v. Flores (1997)
The Religious Freedom Restoration Act (RFRA) was deemed "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."
United States v. Brown (1965)
A provision in the Labor-Management Reporting and Disclosure Act of 1959 that made it a crime for a Communist Party member to serve as an officer or employee of a labor union was held to be a bill of attainder and unconstitutional.
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Federal law and preemption of state or local laws
The preemption doctrine establishes that a higher authority of law will supersede the law of a lower authority when the two conflict. When federal law conflicts with state law, federal law displaces or preempts state law due to the Supremacy Clause of the US Constitution.
There are three types of conflicts regarding preemption:
- Outright conflict: When a local ordinance directly opposes a state law.
- Express preemption: When a state law directly opposes a local power.
- Implied preemption: This occurs when one of the following happens:
- A local ordinance prohibits an act permitted by the state legislature.
- A local ordinance permits an act prohibited by the state legislature.
- There is clear legislative intent that the "field" is preempted by state law.
Implied preemption is a controversial doctrine because it may be significantly harder to prevent than outright or express preemption. Some states have outlawed implied preemption.
Examples of federal law preempting state or local laws include:
- The Voting Rights Act, an act of Congress, preempts state constitutions.
- FDA regulations may preempt state court judgments in cases involving prescription drugs.
- Congress has preempted all state regulation in some cases, such as with medical devices.
- A federal law empowering national banks in small towns to sell insurance preempts a Florida law prohibiting banks from dealing in insurance.
- A Chicago ordinance imposing a license tax on tug boats licensed under federal authority and engaged in interstate commerce was held invalid.
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Frequently asked questions
The Supreme Court is the highest court in the US.
No, only the Supreme Court can declare a law unconstitutional. The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice.
The power of the Supreme Court to declare laws unconstitutional is called judicial review.
