Who Holds The Power To Overturn Laws?

The Supreme Court is the highest judicial body in the United States and has the power to decide whether a law is unconstitutional. This power, known as judicial review, was established in the Marbury v. Madison case in 1803, where the Court asserted its authority to invalidate laws conflicting with the Constitution. The Supreme Court's role in interpreting the constitutionality of laws ensures that all laws conform to the Constitution, safeguarding against potential abuses of power and preserving the balance of power between the government branches. The Court's decisions have a profound impact on society, as seen in landmark cases such as Tinker v. Des Moines Independent School District, where the Court upheld the rights of students to express their political views.

The Supreme Court

Article III, Section I of the Constitution vests the Supreme Court with the judicial power of the United States. While the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.

The decisions of the Supreme Court have a significant impact on society, with several landmark cases shaping the rights of individuals. 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, recognising that "students do not shed their rights at the schoolhouse gate."

In summary, the Supreme Court is the ultimate arbiter of constitutionality in the United States, with the power to strike down laws that conflict with the Constitution and protect the rights of individuals.

Congress

While Congress may pass laws that are unconstitutional, it is the role of the Supreme Court to act as a safeguard and ensure that all laws conform to the Constitution. This was demonstrated in cases such as Bartnicki v. Vopper (2001), where the Supreme Court held that a federal prohibition on the disclosure of illegally intercepted electronic communication violated the First Amendment. Another example is City of Boerne v. Flores (1997), where the Supreme Court found that the Religious Freedom Restoration Act exceeded congressional power under Section 5 of the Fourteenth Amendment.

The President

The Supreme Court has nine seats: one Chief Justice and eight Associate Justices. It has original jurisdiction over certain cases, such as suits between states, and appellate jurisdiction over almost any other case involving a point of constitutional or federal law. When exercising its appellate jurisdiction, the Supreme Court does not have to hear a case, but it can decide to do so.

The Supreme Court's power to decide whether a law is unconstitutional is part of the concept of judicial review, which allows the courts to interpret the constitutionality of laws. Judicial review acts as a safeguard against potential abuses of power by the legislative and executive branches, ensuring that laws conform to the Constitution and protecting individual rights.

An example of judicial review occurred in 1954 with Brown v. Board of Education, where the Supreme Court declared state laws establishing racial segregation in public schools unconstitutional. The Court has also ruled on cases involving students' rights, such as Tinker v. Des Moines Independent School District (1969), which held that students could not be punished for wearing black armbands to school to protest the Vietnam War.

Judicial review

In the United States, the Supreme Court has the power to decide whether a law is unconstitutional. This power is part of the concept of judicial review, which allows the courts to interpret the constitutionality of laws. This power was established in the Marbury v. Madison case in 1803, where the Court, led by Chief Justice John Marshall, asserted its authority to invalidate laws that were found to be in conflict with the Constitution.

Through judicial review, the Supreme Court can strike down state laws that are found to be in violation of the Constitution. This was established in the case of Marbury v. Madison, where the Court held that an Act of Congress that is contrary to the Constitution could not stand. This set a precedent for the judicial branch's role in checking the powers of Congress and the President, and it applies to laws passed by state governments as well.

An example of judicial review in practice occurred in 1954 with Brown v. Board of Education, where the Supreme Court declared state laws establishing racial segregation in public schools unconstitutional. This decision had a profound impact on society, demonstrating the power of the Supreme Court to shape public policy and protect the rights of individuals.

The Supreme Court's role in judicial review is not limited to reviewing laws passed by Congress or state governments. The Court can also review the actions of the executive branch, including the President, to ensure that they are acting within the bounds of the Constitution. This power of judicial review allows the Supreme Court to serve as a check on the other branches of government, maintaining the balance of power and preserving the integrity of the Constitution.

State laws

The Supreme Court has the power to decide whether a state law is unconstitutional. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus—legal orders compelling government officials to act in accordance with the law. The Supreme Court also has the authority to strike down state laws found to be in violation of the Constitution.

Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. The Court also has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. For example, the Supreme Court has heard cases involving state laws that impaired the obligation of contract, violated the Full Faith and Credit Clause, the Commerce Clause, the Equal Protection Clause, and the Privilege and Immunities Clause.

The decisions of the Supreme Court can have a profound impact on society, as they set precedents that shape the interpretation and application of the law. For instance, in the case of 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, affirming that "students do not shed their rights at the schoolhouse gate."

It is important to note that the Supreme Court is not the only body that can decide on the constitutionality of state laws. In some states, the state supreme court or other state courts may have the authority to declare a state law unconstitutional if it violates the state constitution or the US Constitution. Additionally, federal courts can also review state laws and determine whether they are preempted by federal law or violate the US Constitution.

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