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Did the US Supreme Court have the authority to expand its own power?
Wiki User
∙ 13y ago
Scholars have been arguing the question of whether the Supreme Court had the authority to expand its power by claiming the right of judicial review for more than two hundred years.
Many people say no, because they believe the Supreme Court shouldn't have any powers except those expressly mentioned in the Constitution. Others point out that judicial review, the greatest power of the courts, is a carry-over from English common law, the foundation of the US legal system. The Constitution may have explicitly mentioned only the areas where they intended the federal court system to deviate from established practice.
This subject only became an issue after John Marshall formally established the right of judicial review in his opinion for Marbury v. Madison, (1803). In reality, the federal court system had been exercising this power for years without challenge from either of the other branches of government.
Wiki User
∙ 13y ago
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Who has the power to declare a law passed by congress unconstitutional?
The Supreme Court has the authority to interpret the Constitution.
What precedent did Marbury v. Madison set?
In 1803, Marshall decided a case that increased the power of the supreme court.
What power is much of the Supreme Court's authority based on?
The Supreme Court's and lower courts' primary power is judicial review, the ability of a court to evaluate laws or executive orders relevant to cases before the court to determine whether they are constitutional. The US Supreme Court is the ultimate authority on constitutional interpretation and can nullify an unconstitutional law, rendering it unenforceable.
Who has the power to declare a law passed by Congress?
The Supreme Court has the authority to interpret the Constitution.
In the Federal Court system who has the authority to remove a Supreme Court justice from office?
No one within the federal judiciary has authority to remove a Supreme Court justice from office. The Constitution vested Congress with the power of impeachment, which is the only way a Supreme Court justice may be forcibly removed. For more information, see Related Questions, below.
What courts can Congress create to aid the US Supreme Court?
Article III of the Constitution refers to such courts as "inferior," meaning lower in power and authority than the US Supreme Court.
Who has the power to resolve issues involving national laws or laws involving national laws of the US?
the supreme court has the power to interpret the laws no matter what
What court cases caused the Supreme Court to decide to amend the constitution?
The Supreme Court does not have the power to amend the Constitution. Only the process of constitutional amendment outlined in Article V of the Constitution can be used to amend the Constitution. The Court's role is to interpret the Constitution and its amendments, not to amend them.
What is the highest judicial authority in the US?
The highest authority in the judicial branch is the U.S. Supreme Court. The Supreme Court has the highest power to interpret the law and the Constitution--these decisions cannot be overturned by anyone except the Supreme Court.
Why doesn't the US President have the authority to reverse a Supreme Court decision?
The President (Executive Branch) doesn't have the authority to reverse a Supreme Court (Judicial Branch) decision because such action would violate the separation of powers established by the Constitution. If the President had that kind of "veto authority" over a Supreme Court decision he (or she) would effectively control two branches of the government and would be vested with too much power.
If the supreme court rules a law unconstitutional under which principle would the court be exercising it's authority?
The power of judicial review. Marbury v. Madison in 1803 established the tradition of the Supreme Court's role in "interpreting" whether or not a law passed by Congress is Constitutional or unconstitutional.
Does only the US Supreme Court have the power to appoint ambassadors?
The US Supreme Court does not have the authority to appoint ambassadors. Ambassadors and other foreign dignitaries are appointed by the US President and approved by a simple majority vote of the Senate.
