Keith Mack
The US Constitution establishes the federal judiciary and outlines the Supreme Court's role in interpreting and enforcing the law. The Supreme Court has the power of judicial review, which allows it to declare acts of Congress or the Executive Branch unconstitutional and protect civil liberties. However, there have been instances where presidents and their administrations have been accused of violating the Constitution and breaking the law, such as Trump's executive order to end birthright citizenship. The Supreme Court plays a crucial role in upholding the Constitution and ensuring that government actions do not infringe on the fundamental rights of citizens.
| Characteristics | Values |
|---|---|
| Supreme Court's role in the constitutional system of government | The Supreme Court is the highest court in the land and acts as the court of last resort for those seeking justice. |
| Supreme Court's power of judicial review | The Supreme Court ensures that each branch of government recognizes its power limits and protects civil rights and liberties by striking down laws that violate the Constitution. |
| Supreme Court's jurisdiction | The Supreme Court has original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act within the law) and appellate jurisdiction over cases involving constitutional, federal, and admiralty law. |
| Violation of the Constitution | Examples include the Trump administration's executive order ending birthright citizenship, firing of inspectors general without notice to Congress, and freezing federal grants and loans to stop "Marxist equity, transgenderism, and green new deal social engineering policies." |
| Common Law | Refers to cases where equitable rights are recognized, and equitable remedies are administered. It involves rights and remedies that are legally enforced in a court of law. |
| Seventh Amendment | Applies to rights and remedies that are legal in nature and enforceable in courts of law. It requires a jury trial for actions at common law involving statutory rights and legal remedies. |
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What You'll Learn
Violation of the First Amendment
The First Amendment to the United States Constitution protects citizens' right to free speech, freedom of religion, freedom of the press, and freedom of assembly, among other things. It acts as a safeguard against government interference in these areas.
Despite the First Amendment, violations of these rights occur frequently. For example, in a case involving an individual who posted a parody Facebook page of the Parma Police Department, the police retaliated with trumped-up charges of interference. Another example is the case of a police chief who spoke out about a mayor's insistence that he fire all white police officers, which resulted in retaliation from the mayor. These instances demonstrate how individuals face consequences for exercising their First Amendment rights.
The Supreme Court plays a crucial role in upholding the First Amendment by reviewing and striking down laws that violate these constitutional protections. For instance, in a landmark case, the Supreme Court ruled in favor of students who wore black armbands to school in protest of the Vietnam War, asserting that non-disruptive, passive, symbolic speech cannot be censored. Similarly, in a case involving a Connecticut state statute that required a permit for religious solicitation, the Supreme Court unanimously ruled against the state, deeming the statute a violation of the First and Fourteenth Amendments.
However, there are concerns about violations of the First Amendment by those in power. For instance, President Donald Trump's executive order targeting pro-Palestinian activists and critics of Israel has been criticized as a serious threat to civil liberties, including freedom of speech and expression. This order has led to increased surveillance and intimidation of students advocating for Palestinian rights.
While the First Amendment is a cornerstone of American rights and freedoms, it is not without its challenges. Violations occur, and it is up to individuals, legal organizations, and the Supreme Court to uphold and protect these fundamental rights.
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Supreme Court's role in upholding the Constitution
The Supreme Court plays a crucial role in upholding the Constitution and ensuring that the principles enshrined within it are protected and preserved. With its power of judicial review, the Supreme Court acts as a guardian of the Constitution, interpreting its provisions and ensuring that the legislative and executive branches of government stay within the boundaries set by the Constitution.
Article III, Section I of the Constitution establishes the federal judiciary, including the Supreme Court, and vests it with judicial power. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus, compelling government officials to act in accordance with the law. However, the Court noted that the Constitution did not permit it to have original jurisdiction in this matter, establishing the precedent that an Act of Congress contrary to the Constitution is invalid.
The Supreme Court's power of judicial review, established in Marbury v. Madison (1803), allows it to declare acts of Congress or the President unconstitutional. This power is not explicitly mentioned in the Constitution but has become one of the Court's most significant roles. The Court's ability to review and strike down laws that violate the Constitution is essential for upholding the civil rights and liberties guaranteed by the Constitution.
The Supreme Court also ensures that the changing views of the majority do not undermine the fundamental values shared by all Americans. It sets limits on democratic government, preventing popular majorities from passing laws that harm or take advantage of unpopular minorities. This role is crucial in preserving the rule of law and protecting the rights of all citizens, regardless of their popularity or representation.
Additionally, the Supreme Court has the final say in interpreting the Constitution and determining when a Constitutional right has been violated. It hears cases on appeal that involve points of constitutional law, using its discretion to select the most impactful and relevant cases. Through its decisions, the Court shapes societal norms and government policies, incrementally reshaping the legal landscape while preserving the Constitution's principles.
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Presidential misconduct and constitutional crisis
The United States Constitution establishes the Supreme Court as the highest court in the land, with the power of judicial review. This means that the Supreme Court can declare a Legislative or Executive act in violation of the Constitution. The Supreme Court also plays a crucial role in ensuring that each branch of the government recognises the limits of its power and protects civil rights and liberties by striking down laws that violate the Constitution.
The term "constitutional crisis" refers to a situation where the fundamental principles of governance, primarily the Constitution in the US, are threatened, undermined, or unable to resolve political conflicts. Tensions between the executive, legislative, and judicial branches within the federal government can create constitutional crises. For example, conflicts may arise when the executive branch attempts to expand its power, particularly during periods such as the Cold War and the global war on terrorism, where Congress may cede more power and funds to the executive.
Presidential misconduct has been a recurring issue in American history, with every American president, except William Henry Harrison, being accused of misconduct. Notable examples include James Buchanan, who was charged with rigging the 1856 election, and Ulysses S. Grant, who was reprimanded for not firing his corrupt staffer, Orville Babcock, in the "Whiskey Ring" bribery scandal. More recently, the Trump administration has been accused of undermining the key pillars of American democracy by refusing to comply with federal judges' orders and threatening to use the federal bureaucracy to target states, private institutions, and individuals who oppose the president.
To address constitutional crises and presidential misconduct, the US government has a system of checks and balances, with Congress, state governments, and federal courts stepping in to defend constitutional limits. Additionally, the media and an independent federal system play crucial roles in constraining the president's power and preserving American democracy.
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Congress's power of the purse
The "power of the purse" is a term used to refer to the ability of a group to control the actions of another group by withholding or stipulating funding. In the context of the US government, the "power of the purse" is vested in the Congress as per Article I, Section 9, Clause 7 (the Appropriations Clause) and Article I, Section 8, Clause 1 (the Taxing and Spending Clause) of the US Constitution.
The power of the purse is a critical tool in the relationship between Congress and the President, allowing Congress to limit executive power. For example, Congress can withhold funding for a specific program or department, effectively eliminating it. This power has been used to influence policy, such as in the case of the drinking age, where Congress passed a law to withhold 10% of federal funds for highways if states did not comply with the legislation.
The power of the purse also plays a role in foreign affairs. For instance, Congress's elimination of military funding for South Vietnam ended the Vietnam War. Similarly, limitations on military funding placed on Ronald Reagan by Congress led to the withdrawal of US Marines from Lebanon.
The power of the purse is not without its limitations, however. While Congress can use it to influence policy, it must be careful not to interfere with indispensable executive or judicial functions. For example, in the case of the Affordable Care Act, the Supreme Court ruled that withholding Medicaid funding from states that did not expand their programs to cover the uninsured poor was "unduly coercive".
The power of the purse is a crucial aspect of the US political system, allowing Congress to exert influence and ensure accountability. It is a key mechanism through which the separation of powers is maintained and the executive branch's power is checked.
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Seventh Amendment and common law
The Seventh Amendment to the United States Constitution is considered one of the more straightforward amendments of the Bill of Rights. The amendment encompasses two clauses: the Preservation Clause and the Re-examination Clause.
The Preservation Clause states: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved". This clause sets out the types of cases that juries are required to decide. The twenty-dollar threshold has not been subject to much scholarly or judicial writing and still applies today, despite inflation. The Supreme Court declared in Baltimore & Carolina Line, Inc. v. Redman (1935) that the right of trial by jury preserved by the Preservation Clause is the right that existed under English common law when the amendment was adopted in 1791.
The Re-examination Clause states: "No fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law". This clause prevents federal judges from overturning jury verdicts in certain ways. The Re-examination Clause was clarified in Thompson v. Utah (1898), which established that the relevant guide was English common law at the time of the amendment's adoption in 1791, rather than that of the present day.
The Seventh Amendment's provision for jury trials in civil cases has never been incorporated, meaning it does not guarantee trial by jury in cases under maritime law, in lawsuits against the government, and for many parts of patent claims. However, almost every state has a provision for jury trials in civil cases in its constitution.
While the Seventh Amendment specifically refers to common law, a violation of common law is not, by itself, a violation of the constitution. The Supreme Court plays an important role in the constitutional system of government, including the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution.
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Frequently asked questions
The Supreme Court is the highest court in the US and acts as the court of last resort for those seeking justice. It has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. The Supreme Court also ensures that each branch of the government recognizes its power limits and protects civil rights and liberties by striking down laws that violate the Constitution.
The US President is invested with significant political powers and is accountable only to the country and his conscience. While the President has the discretion to refuse to spend funds, he must notify Congress of his intention to withhold allocated funds. Failure to do so is a violation of the Constitution, as it undermines the power of Congress.
There have been several instances where US Presidents have been accused of violating the Constitution. For example, the Trump administration's attempt to end birthright citizenship and the firing of inspectors general without notice to Congress were deemed unconstitutional. Similarly, Richard Nixon abused his power by unilaterally refusing to spend allocated funds, prompting Congress to pass the Impoundment Control Act of 1974 to curb this practice.
