Nature and Role of the Supreme Court

Question 1

US Constitution

Answer 1

Article 3, Section 2 of the US Constitution gives the judiciary the power to hear cases which arise under the laws of the Constitution. The Constitution gives the Supreme Court the power to rule any cases which involve the US federal government and to act as an appeal court in other cases.

Question 2

Independent nature

Answer 2

The Supreme Court is independent of the executive and legislative branches of government. Supreme Court justices are able to make independent rulings as they are not accountable to anyone and do not need to be re-elected. The Senate in Congress votes to confirm the president’s nomination to the Supreme Court. If the Senate approves the nominated judge, they are a member of the Supreme Court for life.

Question 3

Judicial review

Answer 3

Judicial review is the Supreme Court’s power to declare acts by the executive or Congress as null and void because they conflict with the Constitution. Judicial review is the Supreme Court’s check on Congress and the executive. Judicial review was first used in the 1803 Marbury v Madison case. The Supreme Court ruled the 1789 Judiciary Act of Congress to be unconstitutional.
Judicial review was used to overrule a state law for the first time in the 1810 Fletcher v Peck case.

Question 4

Judicial review is important

Answer 4

Judicial review enables the Supreme Court to overrule federal and state laws. In the Miller v Alabama case, the Supreme Court ruled the Alabama state’s life sentence of a juvenile offender as unconstitutional. Judicial review gives the Supreme Court influence over legislation because their judgements can rule certain acts to be legal or illegal. The 2015 Obergefell v Hodges case ruled in favour of the right to same-sex marriage which was previously illegal. The Supreme Court uses judicial review to make rulings on important issues.

Question 5

Judicial review is NOT important

Answer 5

The Supreme Court is not able to enforce its decisions and must rely on the executive and legislative branches of government to carry out its rulings. Amendments to the constitution can overrule decisions made by the Supreme Court. The Supreme Court can only rule on cases which are referred to it, as opposed to being able to rule on any issues.