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They can "change" the Constitution by making rulings in lawsuits on the meaning of the Constitution's wording. They don't change, add to or subtract from the words in the Constitution the way an Amendment would, but they can read the same words differently. A good example is the one concerning racial segregation. In the 1896 case of Plessy v. Ferguson, the Supreme Court ruled that separate restrooms for whites and blacks was not unconstitutional as long as the facilities were equal. In effect, racial segregation was constitutional. Then the Supreme Court in the 1954 case of Brown v. Board of Education ruled that "separate but equal" facilities were inherently unequal and therefore unconstitutional. In effect, segregation was now unconstitutional. The Constitution had changed even though not one word, comma or sentence of the Constitution had been changed in the time between the two cases.
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∙ 15y ago
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How were the courts defined by the Constitution?
Courts have jurisdiction over interpretations of the constitution and can suggest amendments. The supreme court was the only one mentioned in the US constitution.
What word does the Constitution use to describe courts that have less power than the Supreme Court?
Article III refers to such courts as "inferior," although certain lower courts are also described as "tribunals" in other parts of the Constitution.
Where does the constitution provide for federal district and appellate courts?
Technically, the Constitution does not specifically provide for federal district and appellate courts in the sense that it createsthem. Article III, Section 1 of the Constitution vests the judicial power of the United States in one supreme Court and in such inferior courts as Congress may from time to time ordain and establish.
What are rights that are not explicity listed in the Constitution but are recognized by courts?
Peripheral Rights
What type of courts can Congress establish to assist the US Supreme Court?
Article III of the US Constitution refers to them as "inferior courts."
Why is the US Constitution a living document?
The Constitution of the United States of America is not set in stone. It is constantly subject to subtle interpretive change by the courts and major change by the passage of amendments.
How does the constitution limit the power of the federal courts?
article 3 of the constitution gives federal courts jurisdiction.
What does majestic vagueness mean?
Parts of the Constitution are vague so that the Constitution is able to change with the times.
What type of courts does congress create?
Constitutional Courts - mandated by the constitution Legislative Courts
How does the constitution limit and define the power of the federal courts?
article 3 of the constitution gives federal courts jurisdiction.
How does the constitution define and limit the power federal courts?
article 3 of the constitution gives federal courts jurisdiction.
How does the constitution define and limit the power of federal courts?
article 3 of the constitution gives federal courts jurisdiction.
How does the constitution define and limit power of the federal courts?
article 3 of the constitution gives federal courts jurisdiction.
Who establishes federal courts?
The federal courts were established by the Constitution. They were established under Article III of the U.S. Constitution which was written by the framers.
How were the courts defined by the Constitution?
Courts have jurisdiction over interpretations of the constitution and can suggest amendments. The supreme court was the only one mentioned in the US constitution.
The constitution left the creation of what to congress?
inferior courts (lower courts)
The constitution insures that the courts are kept?
Independent
