Supreme Court Decisions: Are They Law?

The Supreme Court is the highest court in the United States, with the power to interpret and apply the law in legal disputes. The Court's decisions can have a profound impact on society, shaping the interpretation of laws and even deeming them unconstitutional. While judges are expected to interpret the law, Supreme Court justices also make the law, as the reasons for their decisions matter. The Supreme Court's rulings can bestow or rescind rights, effectively altering the societal status quo. The Court's role is to ensure that the changing views of the majority do not undermine the fundamental values common to all Americans, such as freedom of speech, freedom of religion, and due process of law.

The Supreme Court interprets the law

The Supreme Court has original and appellate jurisdiction. Original jurisdiction means the Supreme Court is the first and only court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. Most of the cases the Supreme Court hears are appeals from lower courts.

The Supreme Court has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established in the case of Marbury v. Madison (1803). The Supreme Court also has the authority to strike down state laws found to be in violation of the Constitution.

The Supreme Court plays a crucial role in ensuring that each branch of government recognizes the limits of its power. It protects civil rights and liberties by striking down laws that violate the Constitution. It also sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.

The decisions of the Supreme Court have a significant impact on society. For example, in Tinker v. Des Moines Independent School District (1969), the Court held that students could not be punished for wearing black armbands to school to protest the Vietnam War. The Court affirmed that "students do not shed their rights at the schoolhouse gate."

The Supreme Court's interpretations of the law can shape American history and contemporary society. Its rulings can alter how laws are interpreted and even deem them unconstitutional. These decisions can either bestow or rescind rights, fundamentally changing the societal status quo.

The Supreme Court can deem laws unconstitutional

The role of the Supreme Court is to interpret the law, not make the law. However, the Supreme Court does have the power to deem laws unconstitutional. This is based on the public's confidence in the independence, objectivity, and fairness of its decisions.

The Supreme Court has deemed laws unconstitutional in several cases, including:

• Marbury v. Madison (1803)
• The Justices v. Murray (1870)
• Bolling v. Sharpe (1954)
• Blakely v. Washington (2004)
• Virginia v. Black (2003)
• Gratz v. Bollinger (2003)

In these cases, the Supreme Court found that certain provisions of state or federal laws violated the US Constitution and were therefore unconstitutional. For example, in Marbury v. Madison, the Supreme Court held that a provision of an Act of Congress that attempted to enlarge the original jurisdiction of the Supreme Court was unconstitutional. In Virginia v. Black, the Court found that a Virginia statute banning cross burning with the intent to intimidate was unconstitutional as it violated the right to free speech.

While the Supreme Court can deem laws unconstitutional, it is important to note that it does not have the authority to enforce laws. The Court's legitimacy comes from public confidence in its independence, objectivity, and fairness, and it is meant to be a non-partisan body.

The Supreme Court protects civil rights and liberties

The Supreme Court has been the central defender of civil liberties in the United States for the last 60 years. The Court's rulings have led to significant advances in civil rights, women's rights, gay rights, and the rights of criminal defendants, protesters, and the press.

The original understanding of the Bill of Rights was that it limited the powers of the federal government to violate the rights of the people. The Supreme Court endorsed this view in the case of Barron v. Baltimore (1833). However, the role of the Court expanded after the case of Marbury v. Madison (1803), which allowed it to determine the constitutionality of governmental laws and actions.

The Supreme Court has made several landmark decisions protecting civil rights and liberties. In Brown v. Board of Education (1954), the Court unanimously declared that racial segregation in public schools was unconstitutional. In Tinker v. Des Moines (1969), the Court decided that students had the right to free speech to protest the Vietnam War under the First Amendment. The Court has also made key decisions on moral issues, such as Roe v. Wade (1973), which established a right to abortion, and Obergefell v. Hodges (2015), which made gay marriage a right.

In recent years, the Court has seen a backslide in protections for reproductive freedom, voting rights, and fair representation. For example, in Dobbs v. Jackson Women's Health Organization (2022), the Court eliminated the federal constitutional right to abortion, setting off a public backlash and a seismic shift in reproductive rights. In Brnovich v. Democratic National Committee (2021), the Court weakened the Voting Rights Act by considering factors that hadn't been previously included in Section 2 lawsuits.

The Supreme Court's protection of civil liberties and civil rights is essential to American political values. However, it is a challenging process as protecting one person's rights may involve violating those of another. The Court's decisions in these areas have shaped the understanding of civil liberties and rights in the United States.

The Supreme Court ensures government branches recognise their own power limits

The Supreme Court is the highest court in the land and acts as a court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of the US government recognises and respects the limits of its own power.

The Supreme Court has the power of judicial review, which means it can declare an act by the legislative or executive branch to be in violation of the US Constitution. This power was established in the case of Marbury v. Madison in 1803. The Court held that an Act of Congress that goes against the Constitution cannot stand, and that the Constitution is the supreme law of the land.

The Supreme Court also has the authority to strike down state laws found to be in violation of the Constitution. This power was established after the passage of the Fourteenth Amendment in 1869, which made most provisions of the Bill of Rights applicable to the states as well as the federal government.

The Supreme Court's role in the judicial process is to interpret and apply the law in legal disputes, ensuring that laws comply with the Constitution. This can involve altering how laws are interpreted or even deeming them unconstitutional. These decisions can have a profound impact on society, bestowing or rescinding rights and changing the societal status quo.

The Supreme Court's decisions are intended to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, such as freedom of speech, freedom of religion, and due process of law.

The Supreme Court is the final arbiter of constitutional issues

The Supreme Court is the highest court in the United States, and its decisions carry significant weight in shaping the country's history and society. It is the final arbiter of constitutional issues, with the power to interpret and apply the law in legal disputes, ensuring that the laws comply with the Constitution. This power of judicial review allows the Court to declare a Legislative or Executive act in violation of the Constitution.

The Supreme Court's role as the final arbiter of constitutional issues is based on Article III, Section II of the Constitution, which grants it original and appellate jurisdiction. Original jurisdiction allows the Court to be the first and only court to hear a case, and it is limited to cases involving disputes between states or disputes among ambassadors and other high-ranking ministers. On the other hand, appellate jurisdiction gives the Court the authority to review decisions made by lower courts. The Court primarily hears cases on appeal, exercising its discretion in deciding whether to accept a case for review.

The Supreme Court's power to interpret the law is not without scrutiny. Some argue that judges should interpret the law rather than make it, as stated by Judge Brett Kavanaugh during his nomination to the Supreme Court. However, others disagree, acknowledging the complexity of interpreting the Constitution and the necessity for the Supreme Court to make laws through their decisions.

The Supreme Court's decisions can have far-reaching consequences, altering how laws are interpreted and even deeming them unconstitutional. The Court's rulings can either bestow or rescind rights, significantly impacting the societal status quo. This power underscores the importance of a non-partisan, independent, and fair judiciary, where justices exercise their power with integrity and respect for the rule of law.

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