Article 1,Section 8,Clause 9 gives congress the enumerated power to Establish Tribunals. Thus giving them the power to establish our country's courts.
Members of the Supreme Court in the United States are appointed, not elected. The President nominates candidates, and the Senate confirms or rejects the nomination. Once confirmed, justices serve for life or until they retire.
If the Supreme Court had not applied the process of incorporation to the Due Process Clause, it's likely that certain provisions in the Bill of Rights would only apply to the federal government, and not to state governments. This would result in uneven protection of individual rights across the country, potentially leading to a patchwork of laws and regulations depending on the state. Additionally, it could limit the ability of individuals to seek redress for violations of these rights at the state level.
The establishment of judicial review by the Supreme Court under John Marshall was significant because it asserted the court's power to interpret the Constitution and determine the constitutionality of laws. This decision in Marbury v. Madison solidified the court's role as the ultimate arbiter of the Constitution and established the principle of judicial supremacy, giving the court a check on the other branches of government. It greatly expanded the power and influence of the Supreme Court in shaping the interpretation of the Constitution.
Yes, it is true that the US Supreme Court has consistently expressed a strong preference for the use of search warrants. This preference is based on the Fourth Amendment to the US Constitution, which protects against unreasonable searches and seizures. The Court has held that a warrant is generally required for searches and seizures, except for certain exceptions recognized by the Court.
US Supreme Court Justices have no "terms". According to the US Constitution they serve "during Good Behavior", which basically means "for life, or at least until they decide to step down or get caught doing something truly outrageously illegal and are officially removed from office."
No Justice has ever been impeached.
The duty of the Supreme Court is to interpret and apply laws. They review cases and determine whether laws or actions are constitutional or not. When there are disputes or conflicts involving the interpretation or application of laws, the Supreme Court has the final authority to decide on them.
The US Supreme Court exercises discretion in selecting cases it wants to hear. Generally, it considers cases that involve important constitutional questions, conflicting rulings from lower courts, or cases of significant national importance. During the hearing, each side presents oral arguments to the justices, who typically ask questions and engage in a rigorous discussion. The justices then meet privately to deliberate and make a decision, which is expressed through a written opinion.
There is no specific end date for Justice at Large as it is a concept and not a specific event or timeline. Justice at Large refers to the idea and commitment to promoting justice on a global scale. It is an ongoing pursuit that continues to be important and relevant in various global contexts.
You can find the text of Clarence Thomas' dissenting opinion on cross burning in the Supreme Court case Virginia v. Black (2003) on the official website of the Supreme Court of the United States. It is available in the Court's opinions archive. Additionally, various legal research databases and academic websites may also have the text available for reading or downloading.
The Supreme Court overturned the conviction of Ernesto Miranda in 1966 because his confession had been obtained without informing him of his right to remain silent and his right to have an attorney present during questioning. The court held that this violated his Fifth Amendment rights against self-incrimination and his Sixth Amendment right to counsel. This landmark case led to the creation of the Miranda rights, which law enforcement must now recite to suspects upon arrest.
The official name of the person who handles death penalty cases for the Supreme Court is the Solicitor General. The Solicitor General represents the government in cases before the Supreme Court and is responsible for presenting arguments in support of the death penalty, among other duties.
True. The US Supreme Court has allowed the use of public school facilities for voluntary student created religious groups that are open to all students, as long as the schools do not discriminate based on the content or viewpoint of the student's speech. This was established in the landmark case of Board of Education v. Mergens in 1990.
An unsigned statement of a court's decision refers to a decision that does not have the name or signature of a specific judge attached to it. Instead, it represents a decision reached collectively by the court as a whole. This can occur in cases where the judges are in full agreement and choose not to attribute individual authorship to the decision.
The Supreme Court, through the power of judicial review, can exert control over the legislature of the US by reviewing the constitutionality of laws passed by Congress. If the Court finds a law to be unconstitutional, it can strike it down, effectively negating the legislative action. This power allows the Court to act as a check on the legislature, ensuring that laws adhere to the principles and limitations outlined in the Constitution.
The US Supreme Court's first decision was released on August 3, 1791, in the case West v. Barnes, (1791).
Although West was the first case argued before the Court, the opinion and other documentation has been lost, so the case is not published. The space it would occupy in US Reports, the official publication of US Supreme Court opinions, is in Volume 2 at page 401 (the front of the book contained Pennsylvania Supreme Court decisions), where Oswald v. State of New York, 2 US 401 (1791) is printed.
For more information, see Related Questions, below.
The US Supreme Court case with the most amicus briefs is probably Brown v. Board of Education (1954), which dealt with racial segregation in public schools. In that case, the Court received a record-setting number of amicus briefs as individuals and organizations across the country weighed in on the issue of school desegregation. The exact number of amicus briefs is difficult to determine, but estimates range from 130 to over 140.
Age matters for Supreme Court nominations because Justices serve lifelong terms with no mandatory retirement age. This means that their decisions can have a significant impact on the nation for potentially several decades. Nominating younger candidates allows for a longer potential tenure on the Court, shaping its direction and influencing legal decisions for a longer period of time. Additionally, younger Justices may bring a fresh perspective and a greater understanding of contemporary issues to the Court.
The Supreme Court writes and publishes its opinions to provide a clear and comprehensive explanation of its reasoning and legal analysis. This serves several purposes: ensuring transparency and accountability, guiding lower courts and legal practitioners in their interpretation of the law, and providing a basis for public understanding and discussion of the Court's decisions. Additionally, opinions play a crucial role in establishing legal precedent, influencing future cases and shaping the development of the law.
There are two ways a case can reach the Supreme Court.
The first way is by far the most common: A case is first heard by a trial court. If one of the parties doesn't like the outcome, they appeal. The case is then heard by an appeals court, who has the power to overturn the decision of the trial court. The first appeal is a "gimme" - the appeals court hears everyone's appeal. If one of the parties STILL doesn't like the outcome, they can try to appeal again. The Supreme Court, however, does not have to accept every appeal. To appeal to the Supreme Court, you have to write a "petition for certiorari." If they accept your case, we say that the Supreme Court has "granted cert."
The second way is very rare: the Constitution gives the supreme court "original" jurisdiction over a narrow class of cases (mostly cases between states or involving ambassadors.) This means that if a case is of that type, the Supreme Court can take it directly, without any trial court. The court almost never accepts a case this way.
Some of the easiest US Supreme Court cases to research are landmark cases that have had a significant impact on American society. Examples include Brown v. Board of Education (1954) which ended racial segregation in public schools, Marbury v. Madison (1803) which established the principle of judicial review, and Roe v. Wade (1973) which legalized abortion. These cases have an abundance of resources and analysis available, making them relatively easy to research.
A justice of the US Supreme Court typically steps down by submitting a formal resignation letter to the President of the United States. The justice may choose to retire voluntarily or due to health reasons. Once the resignation is effective, the President will nominate a replacement who will then go through the confirmation process in the Senate.
This phrase suggests that the concepts and principles of mathematics are exact and unchanging. Once a mathematical truth or proof is established, there is no disputing or challenging it. Mathematics is considered the highest authority in determining the validity and accuracy of mathematical claims or arguments.
A Supreme Court justice holds their position for life, unless they voluntarily retire or are impeached and removed from office. The Constitution does not specify a term limit for Supreme Court justices.
In Mississippi v. Johnson, the Supreme Court made the decision that it lacked jurisdiction to hear the case, as it involved a political question that should be resolved by the elected branches of government, rather than the judiciary. Therefore, the Court dismissed the case.