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The nomination and confirmation of justices to the Supreme Court of the United States involves several steps, the framework for which is set forth in the United States Constitution. Specifically, Article II, Section 2, Clause 2 , provides that the president of the United States nominates a justice and that the United States Senate provides ...
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States.It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law.
Therefore, the Supreme Court has the final say in matters involving federal law, including constitutional interpretation, and can overrule decisions by state courts. In McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819), the Supreme Court reviewed a tax levied by Maryland on the federally incorporated Bank of the United States. The Court ...
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.
The power of judicial review has been implied from these provisions based on the following reasoning. It is the inherent duty of the courts to determine the applicable law in any given case. The Supremacy Clause says "[t]his Constitution" is the "supreme law of the land." The Constitution therefore is the fundamental law of the United States.
If a matter involving an action at law did come before the court, however, a jury might be empaneled. The court noted in a footnote in the decision that under 28 U.S.C. § 1872: "In all original actions at law in the Supreme Court against citizens of the United States, issues of fact shall be tried by a jury."
The Supreme Court of the United States is the only court specifically established by the Constitution of the United States, implemented in 1789; under the Judiciary Act of 1789, the Court was to be composed of six members—though the number of justices has been nine for most of its history, this number is set by Congress, not the Constitution ...
Carolene Products is best known for its Footnote Four, which is considered to be "the most famous footnote in constitutional law." [1] [2] Although the Court had applied minimal scrutiny (rational basis review) to the economic regulation in this case, Footnote Four reserved for other types of cases other, stricter standards of review.