Cecily Zamora
The Supreme Court is the highest court in the United States and has the power to overturn laws passed by state and federal governments. The Court has original jurisdiction over certain cases, such as disputes between states or cases involving ambassadors, and can choose to hear almost any other case that involves a point of constitutional or federal law. The Supreme Court plays a crucial role in safeguarding civil rights and liberties by striking down laws that violate the Constitution. It also ensures that the majority's changing views do not undermine fundamental American values, such as freedom of speech and religion. The Court's decisions have a significant impact on society and have addressed contentious issues such as abortion rights, gay rights, and the influence of money in politics.
| Characteristics | Values |
|---|---|
| Minimum number of justices required to accept a case | 4 out of 9 |
| Minimum number of justices required to grant a stay | 5 out of 9 |
| Number of law clerks each justice can have | 3 to 4 |
| Length of the Supreme Court's term | Begins on the first Monday in October and goes through the Sunday before the first Monday in October of the following year |
| Court recess | Late June/early July to early October |
| Jurisdiction | Original and appellate |
| Powers | Judicial review, protecting civil rights and liberties, and setting limits on democratic government |
| Landmark cases overturned | Roe v. Wade, Lawrence v. Texas, Citizens United v. FEC, Brown v. Board of Education of Topeka, Plessy v. Ferguson |
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What You'll Learn
Supreme Court's role in the constitutional system
Article III, Section I of the US Constitution establishes the federal judiciary, stating 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." While the Constitution establishes the Supreme Court, it gives Congress the power to decide how to organise it.
The Supreme Court is the highest court in the US, serving as the court of last resort for those seeking justice. It plays a crucial role in the constitutional system by ensuring that each branch of government recognises its own power limits. It does so through its power of judicial review, which allows it to hear cases on appeal that involve points of constitutional or federal law.
The Supreme Court's role in the constitutional system includes safeguarding civil rights and liberties. It does this by striking down laws that violate the Constitution. For instance, in the landmark civil rights lawsuit Brown v. Board of Education of Topeka (1954), the Court overturned the 1896 case of Plessy v. Ferguson, which had upheld the segregationist doctrine of "separate but equal". The Court has also weighed in on contentious topics like abortion rights, most recently in 2022, when it overturned decades of "settled law" on the issue.
Additionally, the Supreme Court sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities. For example, in Citizens United v. FEC (2010), the Court ruled that campaign donations and political advertising by corporations could not be restricted, citing freedom of speech. This role helps maintain the fundamental values shared by all Americans, such as freedom of speech, freedom of religion, and due process of law.
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Judicial review powers
The Supreme Court is the highest court in the United States, and its decisions have a significant impact on society. The Court's power of judicial review is essential in maintaining the balance of power across the different branches of government. It ensures that each branch recognises the limits of its authority.
The Supreme Court's judicial review powers allow it to strike down laws that violate the Constitution. This power was established in the Judiciary Act of 1789, which gave the Court original jurisdiction to issue writs of mandamus—legal orders compelling government officials to act within the law. The Supreme Court's ruling in the landmark case of Marbury v. Madison affirmed that the Court could strike down Acts of Congress found to be unconstitutional.
The Court's appellate jurisdiction allows it to hear almost any case involving a point of constitutional or federal law. For example, the Court has weighed in on abortion rights, gay rights, civil rights, and the influence of money in politics. In Roe v. Wade (1973), the Court ruled that a woman's right to abortion falls within the "right to privacy" protected by the Due Process Clause of the 14th Amendment. In Lawrence v. Texas (2003), the Court upheld the "right to liberty" of gay and lesbian people under the same clause.
The Supreme Court's rules dictate that four of the nine Justices must vote to accept a case, and five must vote to grant a stay. The Justices discuss the cases with their law clerks and make decisions at their conferences, held twice a week when the Court is in session.
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Civil rights and liberties
The Supreme Court has played a significant role in shaping civil rights and liberties in the United States, particularly during the 1950s and 1960s. During this period, the Court's rulings contributed to significant advances in civil rights, women's rights, gay rights, and the rights of criminal defendants, protesters, and the press.
One of the most well-known cases is Brown v. Board of Education (1954), which challenged the legality of racial segregation in American public schools. The Supreme Court's ruling in this case overturned the previous doctrine of "separate but equal" and prohibited racial segregation in public schools. This decision was a landmark moment in the Civil Rights Movement and had a profound impact on American society.
Another important case is Gideon v. Wainwright, where the Court held that the Sixth Amendment guarantee of counsel is a fundamental right, and the 14th Amendment extends this right to defendants in state courts, even those charged with felony offenses. This ruling ensured that individuals who could not afford a lawyer were still guaranteed a fair trial.
The Supreme Court has also weighed in on abortion rights, most notably in Roe v. Wade (1973). In this case, the Court ruled that a woman's right to abortion falls within the "right to privacy" protected by the Due Process Clause of the 14th Amendment. This ruling set different standards for each trimester of pregnancy, allowing states to regulate abortion once a fetus reaches "viability." However, the Court's recent decision in 2022 overturned Roe v. Wade, sparking controversy and highlighting the divisive nature of the abortion debate in America.
In terms of gay rights, the Supreme Court's decision in Lawrence v. Texas (2003) was a significant shift from its previous rulings. The Court upheld the "right to liberty" of gay and lesbian individuals under the Due Process Clause, stating that they have the right to engage in their conduct without government intervention. This marked a change in both public opinion and the law concerning gay rights, with many states having repealed their anti-sodomy laws by the 2000s.
Additionally, the Supreme Court has contributed to the advancement of women's rights through cases such as Meritor Savings Bank v. Vinson (1986) and Franklin v. Gwinnett County Public Schools (1992). In these cases, the Court recognized sexual harassment as a form of sex discrimination and clarified that same-sex sexual harassment could also form the basis for a valid claim under Title VII of the Civil Rights Act of 1964.
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Influence of money in politics
The Supreme Court has been asked several times to weigh in on the influence of money in politics, and its decisions have had a significant impact on the role of corporations and wealthy donors in the political system. One notable case is Citizens United v. Federal Election Commission (FEC) in 2010, where the Court's ruling reversed century-old campaign finance restrictions. This decision enabled corporations and other outside groups to spend unlimited money on elections, significantly increasing their political influence. The Court's justification for this ruling was that restricting corporate political speech deprived the electorate of vital information and muffled the voice representing significant segments of the economy.
Another case that shaped the influence of money in politics was Buckley v. Valeo, where the Supreme Court addressed contribution limitations and expenditure ceilings in the Federal Election Campaign Act (FECA). The Court upheld the contribution limits, stating that they served the governmental interest in safeguarding the integrity of the electoral process. However, it found that the expenditure ceiling imposed "direct and substantial restraints on the quantity of political speech" and invalidated three expenditure limitations as violations of the First Amendment.
The Supreme Court has also been inconsistent on the issue of whether corporations should be allowed to endorse political candidates like individual citizens. For example, in one case, the Court upheld a Michigan law prohibiting corporations from using their money to support or oppose political candidates. However, in the 2010 Citizens United decision, the Court ruled that corporations and unions could spend unlimited amounts to influence elections, paving the way for big money in politics.
The Court's decisions on campaign finance have had far-reaching consequences, with critics arguing that they have empowered wealthy individuals and corporations at the expense of small donors and the public interest. One such decision is McCutcheon, where the Court struck down limits on aggregate contributions, allowing wealthy individuals to gain even more influence over elections. This decision limited options for countering the influence of big money and further tilted political influence towards the wealthy.
In summary, the Supreme Court's rulings on campaign finance, particularly Citizens United and Buckley v. Valeo, have had a significant impact on the influence of money in politics. These decisions have increased the role of corporations and wealthy donors, reduced transparency in election spending, and limited the ability to counter the influence of big money. While the Court justifies its rulings based on free speech and the representation of economic interests, critics argue that they have disrupted the political marketplace of ideas and enhanced the cumulative influence of powerful moneyed interests.
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Abortion rights
In 2022, the Supreme Court of the United States overturned Roe v. Wade, a 1973 ruling that protected the federal constitutional right to abortion. The ruling gave states the autonomy to restrict or prohibit abortion. The decision has resulted in a divide between states, with some banning abortion and enforcing criminal penalties ("Illegal"), while others continue to provide access to abortion services ("Expanded Access" or "Protected").
The Supreme Court's decision to overturn Roe v. Wade has had a significant impact on abortion rights and access in the United States. The ruling has allowed states to implement abortion bans and restrictions, creating "abortion deserts" where individuals must travel to access legal abortion care. This has disproportionately affected individuals in the South and Midwest, who may face financial and logistical barriers to obtaining abortions.
Prior to the overturning of Roe v. Wade, the Supreme Court had repeatedly reaffirmed the constitutional protection of abortion access in key abortion rights cases, such as Planned Parenthood of Southeastern Pennsylvania v. Casey and Whole Woman's Health v. Hellerstedt. However, the makeup of the Supreme Court changed between 2016 and 2020, with the appointment of three new justices known for their anti-abortion stance. This shift in the Court's composition contributed to the overturning of Roe v. Wade.
The impact of the Supreme Court's decision extends beyond the legal realm. Abortion rights advocates and organizations, such as Planned Parenthood, are actively working to ensure that individuals can still access abortion care and make their own decisions about their bodies and lives. They are encouraging people to join movements like "Bans Off Our Bodies" to support abortion rights and fight for freedom of choice.
The overturning of Roe v. Wade has had a significant impact on abortion rights and access across the United States, leading to a complex landscape of state-by-state abortion laws and highlighting the ongoing debate between the "right to life" and a woman's right to choose.
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Frequently asked questions
The Supreme Court is the highest court in the United States.
The legal ability of the Supreme Court to hear a case is known as jurisdiction.
Four of the nine justices must vote to accept a case.
The justices divide their petitions among their law clerks, who write a memorandum about the case and make a recommendation. The justices then discuss the cases at a conference and decide whether to accept them.
The Supreme Court is the court of last resort for those seeking justice. It also plays a role in ensuring that each branch of government recognizes its own power limits and protects civil rights and liberties by striking down laws that violate the Constitution.
