Gavin Howe
As society progresses, the laws that govern it must also evolve to meet the changing needs of citizens. This means that some old laws can become obsolete, and while some are removed or updated, others remain active long after their relevance has passed. The courts play a pivotal role in upholding or striking down statutes, and their decisions can carry significant weight in shaping the legal landscape. The Supreme Court, for instance, has the power to affirm or reverse decisions, potentially impacting the legitimacy of new or old regimes. With the dynamic nature of society, the courts are often tasked with interpreting and adapting laws to reflect contemporary values and norms. This delicate balance between tradition and progress raises intriguing questions about the role of the judiciary in shaping the legal framework that governs our lives.
| Characteristics | Values |
|---|---|
| Courts can throw out old laws if a lower court disregarded a clear precedent | If the Court grants a petition |
| Courts can throw out old laws if a statute threatens the separation of powers or federalism | If the Court is concerned |
| Courts can play a role in declaring a new constitutional regime | By striking down a statute |
| Old laws can be removed or updated | As society evolves |
| Old laws can be funny | A fine and potential jail sentence for wrestling bears in New Jersey |
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What You'll Learn
The Supreme Court upholding old laws
The Supreme Court has played a pivotal role in shaping the legal landscape of the United States, with its decisions impacting the lives of citizens for generations. While the Court has the power to strike down laws as unconstitutional, it has also upheld several landmark cases that reinforce longstanding legal principles.
One notable example is the case of McCulloch v. Maryland (1819), which affirmed the supremacy of the federal government. The Court ruled that the Constitution grants the federal government certain implied powers, and any state laws that interfere with these powers are unconstitutional. This decision established a crucial precedent, reinforcing the federal government's authority and setting a standard for future cases involving federal-state conflicts.
Another instance of the Supreme Court upholding old laws is seen in the realm of free speech. In Bethel School District #43 v. Fraser (1987), the Court ruled that students do not have a First Amendment right to make obscene speeches in school. This decision reaffirmed the boundaries of free speech, highlighting that certain types of expression can be restricted in specific contexts.
The Supreme Court has also weighed in on issues related to education and diversity. In Grutter v. Bollinger (2003), the Court upheld the University of Michigan Law School's commitment to promoting a diverse student body. It ruled that institutions of higher education have a legitimate interest in fostering diversity, even if it results in the denial of some applicants. This decision reinforced the importance of diversity in education and provided legal backing for affirmative action policies.
Furthermore, the Supreme Court's decision in Hazelwood v. Kuhlmeier (1988) upheld the authority of school administrators to edit the content of student newspapers. This ruling recognised the unique role of schools in guiding student expression and ensured that administrators could maintain a certain level of control over school-sponsored publications.
In conclusion, while the Supreme Court has the power to strike down laws, it also plays a crucial role in upholding longstanding legal principles. These landmark cases demonstrate the Court's impact on various aspects of American life, from federal-state relations to free speech and education. By reinforcing these old laws, the Supreme Court shapes the legal landscape and guides the interpretation and application of constitutional rights.
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Reversing vs affirming
Affirmation, reversal, and remand are three possible outcomes that can occur after a petition is filed in a legal proceeding. Affirmation upholds the judgment of a lower court, while reversal occurs when an appellate court overturns the decision of the lower court, usually due to an error in the law or procedure. Remand is when the case is sent back to the lower court for further proceedings, based on the opinion of the appellate court on how the case should be handled.
Affirmation is generally the preferred outcome in most appeals as it upholds the original decision of the lower court. The appellate court will review the record and determine whether there are any errors that require correction. If no errors are found, the decision of the lower court is affirmed. This process ensures that there are no errors in the law or procedure that would require the case to be retried.
Reversal, on the other hand, occurs when the appellate court finds that the lower court erred in its decision. This could be due to errors in the record, new evidence, clearly erroneous findings of fact, or misapplications of law. In this case, the appellate court may reverse the decision of the lower court and order a new trial. The appellate court has the power to vacate or cancel the decision of the lower court.
Remand is a less common outcome, where the appellate court sends the case back to the lower court for further proceedings. This could be based on their opinion of how the case should be handled or due to a finding that the lower court did not have the appropriate jurisdiction to hear the case. The process of seeking affirmation, reversal, or remand can take several months or even years, depending on the complexity of the case and the number of appeals filed.
The Supreme Court: Striking Down Laws?
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Striking down a statute
The courts can throw out old laws in a process known as "striking down a statute". This process may be carried out by the Supreme Court, which can reverse a lower court's decision to uphold a statute. For example, if a lower court disregards clear precedent in its ruling, the Supreme Court may grant a petition and strike down the statute.
However, a statute does not automatically disappear just because it has been found unconstitutional. It may continue to be enforced by lower courts and can only be deleted by a subsequent statute. This often results in statutes remaining on the books for decades after they have been ruled unconstitutional.
To avoid this situation, the principle of stare decisis is applied. Under this principle, a lower court that enforces a statute previously declared unconstitutional risks reversal by the Supreme Court. Conversely, refusing to enforce a statute previously held constitutional by higher courts can also lead to reversal by the Supreme Court.
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Cert process
Certiorari, or "cert", is a writ by which a higher court (e.g. an appellate court) reviews a lower court's decision (e.g. a district court). When a party loses a case in a court of law, they are often allowed to appeal the decision to a higher court. In some instances, parties are entitled to an appeal as a matter of right. However, sometimes a party is not able to appeal as a matter of right, and so they may only appeal by filing a writ of certiorari. If a court grants the writ of certiorari, then that court will hear the case. Certiorari is generally associated with the writ that the Supreme Court of the United States issues to review a lower court's judgement.
Most of the Justices participate in a "cert pool", meaning their law clerks collectively assign the various petitions for certiorari ("cert petitions") among themselves and prepare memoranda for the Justices summarising the issues and recommending whether or not the Court should grant certiorari. Rule 10 of the Supreme Court Rules lists the criteria for granting certiorari and explains that the decision to grant or deny certiorari is discretionary. A decision to deny certiorari does not necessarily imply that the higher court agrees with the lower court's ruling; it simply means that fewer than four justices determined that the circumstances of the lower court's decision warrant a review by the Supreme Court. The Court's orders granting or denying certiorari are issued as simple statements of action, without any explanations for denial.
The certiorari process can be expedited by the justices at any point, although this is highly unusual. As a result, many of the court's rulings in election-law cases come through the emergency appeal process rather than through the normal certiorari process.
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Binding precedent
Persuasive precedent includes decisions from courts in neighbouring jurisdictions and dicta from higher courts. For instance, in Australia, rulings by superior overseas courts, such as those from the United Kingdom, are considered persuasive precedent. Courts may also rely on persuasive precedent when interpreting unclear laws or addressing "cases of first impression", where no prior binding authority exists. While not binding, obiter dicta (non-binding observations) made by judges may be cited as persuasive authority in subsequent cases.
The doctrine of stare decisis operates both vertically and horizontally. While vertical stare decisis mandates lower courts to follow higher courts' decisions, horizontal stare decisis refers to a court adhering to its own previous rulings. In the context of horizontal stare decisis, the US Supreme Court maintains its prior decisions unless there is a compelling justification to overrule precedent. This approach allows the Court to consider the merits and practical consequences of maintaining or overturning past rulings, rather than strictly upholding them regardless.
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Frequently asked questions
Yes, the courts can throw out old laws. The Supreme Court, for example, can strike down a statute that threatens the separation of powers or federalism.
In 1948, Connecticut passed a law that required pickles to bounce when dropped to ensure they were fresh. While this law was originally intended to prevent the sale of unfit pickles, it is no longer relevant today as there are likely other ways to determine the freshness of pickles.
When a court strikes down an old law, it can have political implications. For example, it may signal a challenge to a new regime's legitimacy or solidify the position of one side in a broader political debate.
