Kara Sears
The Supreme Court is the highest court in the United States and has the power of judicial review, or the ability to declare a law unconstitutional. This power is not explicitly defined in the Constitution but has been inferred from its structure, provisions, and history. The Supreme Court's original jurisdiction applies to cases involving disputes between two or more US states, while its appellate jurisdiction applies to cases that implicate federal law or the Constitution. The Court can strike down any law or action by a federal, state, or local legislative or executive branch that violates the Constitution. The Supreme Court also plays a crucial role in protecting minority populations against laws passed by majorities that could infringe on their rights.
| Characteristics | Values |
|---|---|
| Power of judicial review | Can declare a Legislative or Executive act in violation of the Constitution |
| Basis of power of judicial review | Derived from Article III and Article VI of the U.S. Constitution |
| Jurisdiction | Original and appellate |
| Original jurisdiction | Cases involving disputes between two or more US states and disputes involving representatives of foreign nations |
| Appellate jurisdiction | Cases that implicate federal law or the Constitution |
| Certiorari Act of 1925 | Gives the Court the discretion to decide whether or not to review a case |
| Judicial review of state laws | Can strike down state laws found to be in violation of the Constitution |
| Fourteenth Amendment | Ensures that most provisions of the Bill of Rights are applicable to the states |
| Role in constitutional system of government | Court of last resort, ensures that each branch of government recognizes the limits of its own power |
| Supreme law of the land | The Constitution |
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What You'll Learn
Supreme Court's original jurisdiction
The Supreme Court of the United States has original jurisdiction in a small class of cases described in Article III, Section 2, of the United States Constitution and further delineated by statute. Article III, Section 1, of the Constitution establishes the Supreme Court of the United States, and Article III, Section II establishes the Court's jurisdiction (legal ability to hear a case). The Court's original jurisdiction is derived directly from the Constitution and is, therefore, self-executing without further action by Congress. However, in Section 13 of the Judiciary Act of 1789, Congress purported to grant the Court original jurisdiction. This statutory conveyance still exists today but does not encompass all cases included in the Constitutional grant of original jurisdiction.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and/or cases involving ambassadors, other public ministers, and consuls. The Court's original jurisdiction is not necessarily exclusive, and in some cases, Congress has granted lower federal courts concurrent jurisdiction. This means that cases subject to original Supreme Court jurisdiction may be filed directly in the Supreme Court or in one of the lower federal courts. The Supreme Court's original jurisdiction also extends to criminal cases, as seen in United States v. Shipp (1906), where a criminal complaint was filed directly with the Court following the lynching of a defendant whose appeal had been granted.
The Supreme Court's authority to exercise original jurisdiction in cases where the Constitution grants it is established in Article III of the Constitution. In 1861, Chief Justice Roger Taney affirmed this authority, stating that the Court could exercise its original jurisdiction without further act of Congress to regulate its powers or confer jurisdiction. The Court has the power to regulate and mould the process it uses in such a way that best promotes the purposes of justice.
The number of cases heard pursuant to the Supreme Court's original jurisdiction has historically been a small portion of its overall caseload, typically involving only one or two such cases per term. Between 1789 and 1959, the Court issued written opinions in just 123 original cases. Since 1960, the Court has received fewer than 140 motions for leave to file original cases, with nearly half of those cases being denied a hearing. Most of these cases concern disputes over state boundaries and water rights, while others focus on tax or interstate pollution issues. The Court tends to decline other types of cases arising from disputes between states.
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Supreme Court's appellate jurisdiction
The Supreme Court is the highest court in the US, and it plays a crucial role in the country's constitutional system of government. The Court's power is derived from Article III of the US Constitution, which 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."
Congress first organised the Supreme Court through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. The Supreme Court has original jurisdiction (the ability to try a case for the first time) in certain types of cases, such as those involving ambassadors, other public ministers, and consuls, or when a state is a party to the case.
However, the focus here is on the Court's appellate jurisdiction, which is its power to hear cases on appeal. The Supreme Court has appellate jurisdiction in almost all other cases that involve a point of constitutional or federal law. This includes cases to which the United States is a party, cases involving treaties, and admiralty cases involving ships on the high seas or navigable waterways.
The Certiorari Act of 1925 gives the Court discretion over whether to hear a case on appeal. The Court can grant or deny review via a petition for a writ of certiorari. In practice, most Supreme Court cases fall within its appellate jurisdiction rather than its original jurisdiction.
The Supreme Court's appellate jurisdiction has been crucial in shaping the country's legal landscape. For instance, in Marbury v. Madison (1803), the Court asserted its authority to strike down laws as unconstitutional, a power known as judicial review. This power allows the Court to declare a legislative or executive act in violation of the Constitution, even though it is not explicitly mentioned in the text of the Constitution itself. Judicial review enables the Court to protect civil rights and liberties and ensure that each branch of government recognises its limits.
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Judicial review
The power of judicial review has been deemed an implied power derived from Article III and Article VI of the U.S. Constitution. The Supremacy Clause in Article VI states that the Constitution is the "supreme law of the land," and any law contrary to it is void. Federal statutes are only valid when they are made in pursuance of the Constitution, and it is the inherent duty of the federal courts to interpret and apply the Constitution and decide whether a federal or state statute conflicts with it.
The Supreme Court's power of judicial review was established in the landmark case of Marbury v. Madison in 1803, where the Court asserted its authority to strike down a law as unconstitutional. In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Court held that an Act of Congress contrary to the Constitution could not stand, and since then, the United States Supreme Court has held 176 Acts of Congress unconstitutional as of 2014.
The Supreme Court plays a crucial role in ensuring that each branch of government recognizes its power limits through its power of judicial review. It serves as the court of last resort for those seeking justice and protects minority populations against laws passed by majorities that could infringe on their rights. The Court can strike down any law or action by a federal, state, or local legislative or executive branch that violates the Constitution.
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Supreme Court's power to strike down laws
The power of the Supreme Court to strike down laws is known as judicial review. This power is not explicitly mentioned in the US Constitution, but it has been inferred from the structure, provisions, and history of the document. The Court's authority to strike down laws was established in the 1803 case of Marbury v. Madison, where it asserted its power to strike down a law as unconstitutional.
The Supreme Court can strike down any law or action by the federal, state, or local legislative or executive branch that violates the Constitution. This power of judicial review ensures that the Court can protect civil rights and liberties by invalidating laws that go against the Constitution. The Court also plays a crucial role in preserving the separation of powers and constitutional checks and balances by curbing overreach by the executive and legislative branches.
The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law. The Certiorari Act of 1925 gives the Court the discretion to decide whether to hear a case.
The Supreme Court's power to strike down laws is a significant aspect of the US constitutional system of government. As the highest court in the country, it serves as the final arbiter of justice and ensures that each branch of government respects its limits. The Court's decisions have a profound impact on society, influencing not just lawyers and judges but also the general public, as seen in landmark cases such as Tinker v. Des Moines Independent School District, which affirmed students' rights to free speech.
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Supreme Court's role in protecting minority populations
The Supreme Court is the highest court in the United States and plays a critical role in safeguarding minority populations through its judicial review power. This power, derived from Article III and Article VI of the Constitution, allows the Court to determine if a federal or state statute, treaty, or administrative regulation contradicts or violates the Constitution, the supreme law of the land. This includes protecting the rights guaranteed by the Constitution, such as those outlined in the Bill of Rights, which were extended to the states through the Fourteenth Amendment.
One of the most well-known powers of the Supreme Court is its ability to strike down laws or acts that violate the Constitution. This was established in the landmark case of Marbury v. Madison in 1803, where the Court asserted its authority to overturn a law deemed unconstitutional. Since then, the Court has held numerous Acts of Congress and state laws unconstitutional, ensuring that the government operates within the limits set by the Constitution.
The Supreme Court's role in protecting minority populations is evident in its rulings on various issues. For example, the Court has blocked attempts by states to cut off Medicaid funding to Planned Parenthood, ensuring access to healthcare for vulnerable populations. The Court has also ruled in favor of the Food and Drug Administration's crackdown on sweet-flavored vaping products, protecting the health and well-being of minors.
Additionally, the Supreme Court has original jurisdiction over certain cases, such as suits between states, cases involving ambassadors, and other public ministers. This means that the Court can directly hear and decide on these cases, providing a forum for resolving disputes that may impact minority populations across the nation.
Through its judicial review and jurisdiction, the Supreme Court serves as a crucial safeguard for minority populations, ensuring that their rights and interests are protected under the Constitution and that the government remains accountable to the people.
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Frequently asked questions
No. The Supreme Court can only review a law that is brought before it through a lawsuit.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors. It has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law.
Judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or the United States Constitution.
Some landmark cases involving judicial review include Bayard v. Singleton (1787), Hylton v. United States (1796), and Marbury v. Madison (1803).
