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Some legal scholars have questioned the Court's reliance on the appointment power of the states under Article II to justify control over electors, noting that similar Constitutional text that gave state legislatures the power to appoint senators (prior to the 17th Amendment) was never understood to include the power to control how they vote ...
Virginia, 19 U.S. 264 (1821), the Supreme Court held that the Supremacy Clause and the judicial power granted in Article III give the Supreme Court the ultimate power to review state court decisions involving issues arising under the Constitution and laws of the United States. Therefore, the Supreme Court has the final say in matters involving ...
However, the Supreme Court did exercise judicial review in other contexts. In particular, the Court struck down a number of state statutes that were contrary to the Constitution. The first case in which the Supreme Court struck down a state statute as unconstitutional was Fletcher v. Peck, 10 U.S. (6 Cranch) 87 (1810). [61]
In the presidential immunity case, one worry is that even if lower courts deem much of Trump’s Jan. 6 conduct to have been unofficial, and thus subject to prosecution, the Supreme Court’s ...
That brings us back to the question of a term limit for Supreme Court justices. The most common version of this proposal is for a term limit of 18 years, combined with a permanent fixing of the ...
Despite its popularity, it’s doubtful that staggered 18-year terms would accomplish what advocates expect.
Congress may define the jurisdiction of the judiciary through the simultaneous use of two powers. [1] First, Congress holds the power to create (and, implicitly, to define the jurisdiction of) federal courts inferior to the Supreme Court (i.e. Courts of Appeals, District Courts, and various other Article I and Article III tribunals).
The Supreme Court didn't have a formal code of ethics until last year, when the justices adopted one in the face of sustained criticism over undisclosed trips and gifts from wealthy benefactors to ...