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4.1 The Nature and Role of the Supreme Court - Coggle Diagram
4.1 The Nature and Role of the Supreme Court
US Constitution
SC plays a significant role in US politics, because:
• the SC's role is to uphold and interpret the Constitution
Given judicial power by Article III of the Constitution (which is shared with inferior courts)
Constitution states that:
• SC will rule on constitutional issues when they happen and are brought to them, but not initiate them
• Any American citizen can challenge a law or action as being unconstitutional
• Appellate jurisdiction - SC = ultimate court of appeal
• Original jurisdiction - is possible for a case to be heard in the SC without having been heard elsewhere
e.g:
• Disputes between federal and state governments
• Judges are nominated by the President and ratified by the Senate
Independence of the Supreme Court
Separation of powers = a key principle & are several measures to ensure independence of the Court:
• Judicial branch is separate from the executive and legislature
• No shared membership
• A minimising of opportunity to work together/apply pressure
• Appointment process stops President from acting alone
• Ensures safeguards against someone inappropriate being appointed
• Life tenure - Justice appointment = for life
• Neither the President nor Congress can remove a Justice (however, can if they act illegally with a super-majority in Congress)
• Salaries also protected by the Constitution
Judicial Review Process
Supreme Court receives more cases than it chooses to hear (8000 compared to 100 a year)
Cases heard work much like a normal trial
Decisions are taken by a vote - majority wins
A written opinion of majority and minority are published - can set important precedence
SC has power to strike down laws made by federal or state governments, if they deem them to be unconstitutional
SC can 'update' the meaning of the Constitution with its judgements - at its core, its job is to
interpret
the Constitution
e.g:
Has made key decisions on Civil Rights - Brown v Board of Education of Topeka 1954, Roe v Wade 1973, Dobbs v Jackson 2022, and on issues, such as free speech online
SC can review elections, e.g:
Bush v Gore 2000
Marbury v Madison 1803
Marbury v Madison: power of Judicial Review
SC gave itself the power to overturn actions of any other institution as being unconstitutional
Case was based on a dispute between the Federalists and Democratic-Republicans
John Adams (Federalist) had lost the 1800 election to Thomas Jefferson
Before Jefferson's inauguration, he appointed many Federalist judges (inc. William Marbury)
James Madison (Jefferson's Secretary of State) refused to deliver the commissions - Court ruled this illegal
Fletcher v Peck 1810
Power of Judicial Review was further reinforced
Was the 1st time the SC overturned a state law
Case revolved around Georgia's state legislature repealing the Yazoo Lands Sale Act and Contract law (Article 1, Section 10, Clause 1)
JR has remained a controversial power, because:
• SC gave the power to itself rather than it being granted by the Constitution
• Its defenders state that it is key to the Court's power to uphold the Constitution