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A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional , i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things.
The U.S. Constitution does not specify the size of the Supreme Court, nor does it specify any specific positions for the court's members. The Constitution assumes the existence of the office of the chief justice, because it mentions in Article I, Section 3, Clause 6 that "the Chief Justice" must preside over impeachment trials of the President ...
The Court's appellate jurisdiction is given "with such exceptions, and under such regulations as the Congress shall make." Often a court will assert a modest degree of power over a case for the threshold purpose of determining whether it has jurisdiction, and so the word "power" is not necessarily synonymous with the word "jurisdiction". [14] [15]
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
Wade is one of the few instances in American history where the Supreme Court took away a constitutional right. And in ruling in favor of the right of a football coach to pray on the field, the ...
It is a huge check by the courts on the legislative authority and limits congressional power. In 1851, for example, the Supreme Court struck down provisions of a congressional act of 1820 in the Dred Scott decision. [13] However, the Supreme Court can also extend congressional power through its constitutional interpretations. [citation needed]
A United States court was also established for the Northwest Territory. [citation needed] When the Constitution came into force in 1789, Congress gained the authority to establish the federal judicial system as a whole. Only the Supreme Court was established by the Constitution itself.
The way the Constitution is understood is influenced by court decisions, especially those of the Supreme Court. These decisions are referred to as precedents . Judicial review is the power of the Court to examine federal legislation, federal executive, and all state branches of government, to decide their constitutionality , and to strike them ...