- The Supreme Court is the only court created in the Constitution. It is made up of a chief justice and eight associate justices. The Supreme Court is the court of last resort, which means that it is the final authority for any case heard in any of the nation's courts.
- both federal and State courts in this country have the power of judicial review. Judicial review is the authority to decide whether any branch of government is violating the Constitution.
- Judicial review is not spelled out in the Constitution. A case heard in the nation's early years made clear that the Supreme Court held this power. Marbury v. Madison had to do with an appointment of a judge. The court found that the Judiciary Act of 1789, which the judge used as the vasis of his suit, was, in part, unconstitutional. Chief Justice John Marshall wrote the Court's opinion. He based it on three ideas that have served as the foundation of judicial review for nearly 200 years.
- Because the Supreme Court is at the top of all courts, it is the "watchdog" of the government. The Court hears disagreements between States or between the States and the National Government. According to the constitution, the Supreme Court has both original jurisdiction in cases in which a State is involved or in cases involving ambassadors. The Court uses its appellate jurisdiction to hear cases on appeal from lower courts.
- The Supreme Court accepts only a few hundred of the 5,000 to 6,000 cases appealed to the Court. At least four of the justices must agree that it is a worthy case vefore the Court accepts it. Most of the cases are handled briefly. The Court hears arguments and writes full opinions on only about 100 cases a year.
- After the Court agrees to hear a case, it sets a date for oral arguments. Oral arguments are those the lawyers on both sides of the case present out loud to the justices. Each is usually limited to 30 mnutes. Each side also supplies briefs for the Court. Briefs are written documents giving the facts and details of a case. The lawyers turn in their briefs before they give the oral arguments.
- After oral arguments, the justices meet in conference. There they consider the facts of the case. They summarize their views, then vote. About one third of the decisions are unanimours. But usually the Court is divided. the court explains its decision by writing an opinion. A majority opinion gives the official stand of the Court. Justices who did not agree with the majority decision can write a dissenting opinion. Those cases the Court hears are the most difficult to appear before any court. Easy cases rerely make it to the supreme court.
- Principles of Judicial Review
- Marbury v. Madison, 1803
- 1-the U.S. Constitution is the
- supreme law of the land
- 2-All laws and government actions are
- second to the constitution and
- cannot be allowed to go against it.
- 3-Judges enforce the Constitution and
- may refuse to enforce any law or
- action that conflicts with the
- supreme law of the land