Jurisdiction of the US Supreme Court
Introduction: -
The Supreme Court of the United States in one of the most important organs of the Government. It is ordained by the Constitution.
Organization of the Supreme Court;-
The American constitution does not fix up the number of the Judges of the Supreme Court. At first, it consisted of one Chef Justice and five Associate Justices but since 1869, it has consisted of one Chief Justice and eight Associate Justices, i.e, nine in all.
Appointment of Judges;-
The Judges of the Supreme Court and other federal courts are appointed by the President with the approval of the Senate. Judges of the Supreme court have been known politically to be Democratic or Republicans; their judgments have also been influenced by their party ideology. But they have never had active party affiliation after appointment on the Court.
How Cases May Come Before the Supreme Court;-
Cases may be brought before the Supreme Court in either of two ways by original suit or by appeal. The constitution confers on the court only original jurisdiction and appellate jurisdiction has been conferred by acts of Congress.
Jurisdiction of the Supreme Court;-
Judicial power of the court extends to all the cases in law and equity arising under the US constitution, the laws of the United States and treaties made under their authority. The jurisdiction also extends to all cases affecting ambassadors or other public ministers and consuls, to all cases of admiralty and maritime jurisdiction.
a. Original Jurisdiction;-
In the original jurisdiction of the Supreme Court that is, authority to hear cases in the first instance is limited by the constitution to cases involving ambassadors and other diplomatic agents and cases to which the union and a state or states are parties. The supreme Court has original jurisdiction in such cases also where the validity of any national or state law is questioned.
b. Appellate Jurisdiction;-
The appellate jurisdiction of the Supreme Court is by far the largest part of its functions. This is made up of cases appealed from the lower federal courts and from the state courts. The appellate jurisdiction of the Supreme Court has been determined by the Acts of the Congress.Role of the U.S Supreme Court;-
The U.S Supreme Court has played a vital role in evolution and development of the American political system.
a. Through its power of judicial review it has protected the constitution from being violated and check-mated the monarchical ambitions of the President and recklessness of the Congress.
b.Though its power of issuing writs, it has safeguarded the rights of the people from al sorts of encroachments.
c. Through its interpretation, it has updated the U.S Constitution, to meet the changing needs of the times.
Powers of the Supreme Court;-
Article III of the Constitution provides, “Judicial power of the United States shall be vested in one Supreme Court”. The area of the court power includes.
Judicial Review;-
The most effective power in the hands of the Supreme Court is judicial review. The American Constitution did not expressly give the power of judicial review to the Supreme Court; it acquired it in the case of Marbury vs. Madison. The Supreme Court has may times used its power of judicial review and declared many laws passed by the Congress as unconstitutional and hence null and void. Due to this, the Supreme Court is called ‘the Super legislature.’
Power of Statutory Interpretation;-
The supreme Court of the U.S.A has the power to interpret the statutes or laws passes by the Congress. In many cases, the Congress passes the law in an ambiguous manner leaving the responsibility of interpretation to Courts or executive. This is done because of the political pressure as some times Congress has to pass law in which it cannot compromise the diverse interests of the people or pressure groups.
Boundary Maintenance;-
Another power of the Supreme Court is to maintain the boundary among different institutions. The supreme Court settles the issues involving activities on the perimeter of the legitimate and accepted domain of particular institutions as might occur in the relationship between the President and Congress or between National government and State governments.
Conclusion;-
The U.S Supreme Court enjoys the most prestigious position in the judicial set-up. It interprets not only the Constitution but also judges the validity of the law of the Congress, the administrative policies and executive decrees in the light of the Constitution. It can declare any of these invalid if found repugnant to the Constitution.
