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The Supreme Court is the only federal court that is explicitly established by the Constitution. During the Constitutional Convention, a proposal was made for the Supreme Court to be the only federal court, having both original jurisdiction and appellate jurisdiction. This proposal was rejected in favor of the provision that exists today.
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 ...
Originalists on the Supreme Court have argued that if the constitution doesn't say something explicitly it is unconstitutional to infer what it should, might or could have said. [12] What this means is that the Supreme Court can nullify a congressional law. It is a huge check by the courts on the legislative authority and limits congressional ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
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 ...
In ruling for Trump, the U.S. Supreme Court specified that anything Congress does must be specifically tailored to address Section 3, an implicit warning that broad legislation could be struck down.
Currently, Supreme Court justices are appointed for life "during good behavior." A sentiment has developed, among certain scholars, that the Supreme Court may not be accountable in a way that is most in line with the spirit of checks and balances. [36] Equally, scholars have argued that life tenure has taken on a new meaning in a modern context ...
Life tenure for judges doesn't only make the U.S. an outlier globally, Levinson wrote, but sets the federal government apart from the states, only one of which (Rhode Island) grants its supreme ...