Handout: The Role and Powers of the US Supreme Court

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29th August 2015
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The Role and Powers of the US Supreme Court

The role of the US Supreme Court is to interpret and ensure proper application of the laws written by the legislative branch and enforced by the executive branch.

The US Supreme Court has the power;

  • To interpret the U.S. Constitution
  • Of Judicial Review
  • To interpret laws to ensure they are constitutional
  • To ensure laws are faithfully applied.
  • To rule on cases involving the Constitution, federal laws, treaties and disputes between states

However, the powers of the Supreme Court can be summarised in its four roles.

 

Judicial Review

  • judicial review established through Marbury v. Madison (1803)
  • the Court may void any actions or statutes that come into conflict with the constitution
  • judiciary can hold other branches of government to its own interpretation of the constitution
  • example in case of Bush v. Gore (2000) where Supreme Court overturned judgement of Florida
    Supreme Court, making Bush the 43rd president
Constitutional Interpretation

  • hears cases involving public officials or where states are a party (original jurisdiction)
  • highest court of appeal (appellate jurisdiction)
  • hears cases that are a cause of
    confusion or controversy in lower courts
  • Justices can interpret constitution literally (strict constructionist)
  • Justices can interpret constitution by ‘reading between the lines’ (loose constructionist)
Judicial Activism

  • differences in interpretation of the same part of the constitution over a period of time can sometimes be the equivalent of legislation e.g.  Plessy v. Ferguson (1896) and Brown v. Board of Education (1954) on
    segregation
  • can be argued court did not interpret constitution but amended it
  • “The Supreme Court of the United States assumed quasi legislative authority” – John W Brocker
  • drags the other two branches along
Judicial Restraint

  • the court follows precedent and shows judicial restraint
  • precedent can be challenged and changed but generally over a long period of time and several cases
  • precedent is the norm and the Court moves slowly, if at all
  • if the judiciary used power of review excessively or controversially, it may come under
    attack from the other two branches
  • court has little power to enforce its decisions
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