In the Constitution
Section 1.
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.
What does that mean??
The Constitution creates only the Supreme Court of
the United States. It gives the Congress the power
to establish other lower, federal courts.
In the Constitution- Section 1 Cont’d
• The Judges, both of the supreme and inferior
Courts, shall hold their Offices during good
Behavior, and shall, at stated Times, receive
for their Services, a Comprehension, which
shall not be diminished during their
Continuance in Office.
• “…during good Behavior” a.k.a. life
Current Supreme Court
Early History
Early in the life of the United States,
the Supreme Court had little true
power.
It heard very few cases each year and
was the weakest of the three branches
of government.
Early History
In the early
1800’s, however,
the court’s power
increased because
of Chief Justice
John Marshall.
Early History
In 1803, the Supreme Court heard
Marbury v. Madison.
In this case, the Court ruled that a
certain law was unconstitutional.
This meant that the law violated the
Constitution and was invalid.
Judicial Review
This power became known as the
power of “judicial review.”
Judicial Review is the power to
overturn any law or executive order
which the Supreme Court decides is
in conflict with the Constitution.
Judicial Review
The Supreme Court’s primary power is
to limit the power of the other two
branches by declaring laws and
executive orders unconstitutional.
Limits on the Legislature
The Supreme
Court ruled a
federal law
involving federal
income tax was
unconstitutional.
Limits on the Legislature
In 1894 Congress passed a law for a
federal income tax.
In 1895, however, the Supreme Court
ruled that law unconstitutional.
The income tax law was removed.
Limits on the Executive Branch
President Harry
Truman issued an
executive order
that the Supreme
Court declared
unconstitutional.
Limits on the Executive
In 1952 America was involved in the Korean
War, and Steel workers threatened to go on
strike.
Truman issued an executive order to take
over the mills and keep them running.
The owners sued. The Supreme Court ruled
that Truman did not have that authority,
making the order unconstitutional.
Executive Limits on the Court
The President appoints justices to the
Supreme Court.
Justices serve until retirement or death
which gives the president great
power in swaying the direction of the
Supreme Court if a seat becomes
vacant.
Legislative Limits on the Court
Congress has a number of ways to
limit the Judicial Branch:
- creates the federal court system.
- decides jurisdiction of courts.
- provides money for courts.
- can impeach and remove justices.
- Senate approves Presidential nominees.
Legislative Limits on the Court
Since the Supreme Court’s decisions are
based on their interpretation of the
Constitution, another way to limit its
power is to change the Constitution.
Amendment Process
The Congress may begin the
amendment process.
If both houses pass a proposed amendment
with a 2/3 majority vote then the proposal
goes to the states.
3/4’s of all states must then ratify an
amendment (38/50).
Limits on the Legislature
To establish a federal income tax,
Congress had to start the amendment
process to change the Constitution.
By 1913, the 16th Amendment was
passed which amended the
Constitution to allow the income tax.
• How do cases get heard by the Supreme
Court?
• Most cases are heard as an appeal
(appellate jurisdiction)
• So, a lower court (either state or federal
courts) hear that case first. The Supreme
Court hears MOST of its cases on appeal