Tuesday, 1 November 2016

Jordan - The Supreme Court (week 5)



The Supreme Court is the highest federal court in the U.S. and is situated in Washington D.C. It was established in 1789 under Article III of the United Stated Constitution. All decisions made here must be passed by all other courts in the United States, as it states in Article III, section I 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." The supreme court is also the only power able to challenge or declare a state law unconstitutional. Only the president has the power to nominate the Justices and appointments are made with the advice and the consent of the Senate.

Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court. The Court does not have to hear a case. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so. The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).

The Supreme Court plays a very important role in the constitutional system of government in America. As the highest court in the land, it is the court of last resort for those looking for justice. Due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognises the limits of its own power. It also protects civil rights and liberties by striking down laws that violate the Constitution. Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities.

The decisions of the Supreme Court have an important impact on society at large, not just on lawyers and judges. The decisions of the Court have a profound impact on high school students. In fact, several landmark cases decided by the Court have involved students, e.g., Tinker v. Des Moines Independent School District (1969) held that students could not be punished for wearing black armbands to school to protest the Vietnam War. In the Tinker case, the Court held that "students do not shed their rights at the schoolhouse gate."


Sources:
https://www.supremecourt.gov/about/briefoverview.aspx
http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about




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