Supreme Court - Nature/Principles

Question 1

Judicial Review

When/where the power came from, how

Answer 1

• Took power over national law in 1803 Marbury V Madison
• Took power over state law in 1810 Fletcher V Peck
• Const. Sovereign, meaning ruling unconst makes it null/unenforceable

Question 2

Independence

Answer 2

• Separation of powers - Powers guaranteed by Article 3
• Life tenure - Leave by death, retirement or Impeachment
• Protected salary - Guaranteed by constitution, in 2018 was 250K
• Appointment process - The multi stage process should remove pol bias

Question 3

Judicial Review process

Answer 3

• Rule of 4 applied - only 4 must agree for the case to be heard
• If docs exist from lower case they are sent up
• Plaintiff, defence and amicus curiae (uninvolved op) briefs are collected
• 30 Mins of oral argument to make case
• Court reaches majority verdict, reasons given for voting both ways, based on cosnt.