Article III of the United States Constitution is the foundation of the federal judiciary system. Specifically, Section I of Article III declares, “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.” While the Constitution itself establishes the Supreme Court, it delegates the organizational details to Congress. Congress first acted upon this authority with the Judiciary Act of 1789. This landmark legislation created a Supreme Court composed of six justices and also laid the groundwork for the lower federal court system.
The Justices: Guardians of Constitutional Law
Throughout history, Congress has adjusted the number of justices on the Supreme Court through various Acts, ranging from a mere five to as many as ten. However, in the aftermath of the Civil War, the composition of the Court was solidified at nine justices. Currently, the Supreme Court is comprised of one Chief Justice and eight Associate Justices. Similar to all federal judges, Supreme Court justices are nominated by the President of the United States and must be confirmed by the Senate. A defining characteristic of their position is lifetime tenure, ensuring they typically serve for life. Furthermore, the Constitution protects the judiciary’s independence by stipulating that justices’ salaries cannot be reduced during their term in office. These provisions are deliberately designed to shield the judicial branch from undue influence from the political branches of government, safeguarding their ability to interpret “What About The Constitution” impartially.
Jurisdiction: When Does a Case Reach the Supreme Court?
Article III, Section II of the Constitution outlines the Supreme Court’s jurisdiction, which refers to its legal authority to hear and decide cases. The Supreme Court possesses original jurisdiction in a limited set of cases. Original jurisdiction means that the case is tried in the Supreme Court directly. These cases include disputes between two or more states and cases involving ambassadors and other high-ranking public ministers. However, the vast majority of the Supreme Court’s caseload falls under its appellate jurisdiction. Appellate jurisdiction allows the Court to review decisions made by lower courts. This appellate power extends to almost any case that raises a significant question of constitutional or federal law. Examples of cases falling under the Supreme Court’s appellate jurisdiction include those where the United States is a party, cases involving treaties, and admiralty cases, concerning ships on the high seas and navigable waterways. Understanding the nuances of jurisdiction is crucial to grasping “what about the constitution” means in practice.
Cases and the Power of Certiorari
When acting in its appellate capacity, the Supreme Court is not obligated to hear every case presented to it, with only a few exceptions. The Certiorari Act of 1925 granted the Court significant discretion in choosing which cases it will review. Parties seeking Supreme Court review file a petition for a writ of certiorari, requesting the Court to hear their case. Out of over 7,000 cases submitted for review annually, the Supreme Court typically agrees to hear only about 100-150. This selective process allows the Court to focus on cases with broad national significance and those that present critical questions about “what about the constitution” and its interpretation.
Judicial Review: Defining “What About the Constitution”
Perhaps the most impactful power of the Supreme Court is judicial review. Judicial review is the doctrine that allows the Court to declare actions of the Legislative or Executive branches unconstitutional. Interestingly, this power is not explicitly mentioned in the text of the Constitution. The Supreme Court established this fundamental principle in the landmark case of Marbury v. Madison (1803).
In Marbury v. Madison, the Court was confronted with the question of legal supremacy: whether an Act of Congress or the Constitution itself held ultimate authority. The Judiciary Act of 1789 had granted the Supreme Court original jurisdiction to issue writs of mandamus, which are legal orders compelling government officials to perform their duties according to law. A case was brought under this Act, but the Supreme Court recognized a conflict: the Constitution did not grant the Court original jurisdiction in such matters. Referencing Article VI of the Constitution, which establishes the Constitution as the Supreme Law of the Land, the Court reasoned that any Act of Congress conflicting with the Constitution was invalid. Therefore, the principle of judicial review was established, asserting the Supreme Court’s authority to invalidate laws conflicting with “what about the constitution”. In later cases, this power was extended to include the ability to strike down state laws that violated the Constitution.
Furthermore, the Supreme Court’s role in interpreting “what about the constitution” evolved significantly after the passage of the Fourteenth Amendment in 1868. Prior to this amendment, the Bill of Rights was understood to apply only to the federal government. Following the Fourteenth Amendment, the Supreme Court began to incorporate most provisions of the Bill of Rights, applying them to the states as well. This process of incorporation significantly expanded the Supreme Court’s role in protecting individual rights against state action, further solidifying its position as the ultimate interpreter of “what about the constitution” in relation to individual liberties.
The Supreme Court’s Pivotal Role in Governance
The Supreme Court occupies a vital position within the constitutional framework of the U.S. government. Firstly, as the nation’s highest court, it serves as the final court of appeal for those seeking justice. Secondly, its power of judicial review ensures that each branch of government operates within its constitutional boundaries. Thirdly, it acts as a protector of civil rights and liberties, striking down laws that infringe upon constitutional guarantees. Finally, the Court sets limits on the potential excesses of democratic government, preventing popular majorities from enacting laws that unfairly disadvantage or harm unpopular minorities. In essence, the Supreme Court functions to ensure that the shifting tides of public opinion do not erode the fundamental values enshrined in “what about the constitution,” values such as freedom of speech, freedom of religion, and due process of law, which are common to all Americans.
Societal Impact: Beyond Lawyers and Judges
The Supreme Court’s decisions resonate far beyond the legal profession, profoundly impacting society at large. Its rulings touch upon various aspects of American life, including the lives of high school students. Indeed, several landmark Supreme Court cases have directly involved students. For example, Tinker v. Des Moines Independent School District (1969) stands as a cornerstone of student rights. In Tinker, the Court ruled that students could not be punished for peacefully protesting the Vietnam War by wearing black armbands to school. The Court famously declared in Tinker that “students do not shed their rights at the schoolhouse gate,” underscoring the enduring relevance of “what about the constitution” in everyday life, even within the school environment.
