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The Judicial Branch


The Constitution established the Supreme Court as the highest court in the United States. One of the Supreme Court’s most important responsibilities is to decide cases that raise questions of constitutional interpretation. The Court decides if a law or government action violates the Constitution. This is known as judicial review and enables the Court to invalidate both federal and state laws when they conflict with the Constitution. Since the Supreme Court stands as the ultimate authority in constitutional interpretation, its decisions can be changed only by another Supreme Court decision or by a constitutional amendment.

Judicial review puts the Supreme Court in a pivotal role in the American political system, making it the referee in disputes among various branches of the Federal, as well as state governments, and as the ultimate authority for many of the most important issues in the country. For example, in 1954, the Court banned racial segregation in public schools in Brown v. Board of Education. That ruling started a long process of desegregating schools and other institutions.

The Supreme Court exercises complete authority over the federal courts, but it has only limited power over state courts. The Court has the final word on cases heard by federal courts, and it writes procedures that these courts must follow. All federal courts must abide by the Supreme Court’s interpretation of federal laws and the Constitution of the United States. The Supreme Court’s interpretations of federal law and the Constitution also apply to the state courts, but the Court cannot interpret state law or issues arising under state constitutions, and it does not supervise state court operations.

Below the Supreme Court are 13 Courts of Appeals, and below those are over 90 District Courts. Certain courts with special jurisdiction also are part of the Federal Court System, such as the U.S. Tax Court, the U.S. bankruptcy courts, the U.S. Court of Appeals for the Armed Forces, and the U.S. Court of Appeals for the Federal Circuit (which handles cases involving patents, copyrights, trademarks, etc.)

State Courts and magistrates are not part of the Federal Court System, but are separate.  


We are asking you to study ten major Supreme Court Cases that have had a major impact on American life. Here are the summaries:

1803

Marbury v. Madison was the first instance in which a law passed by Congress was declared unconstitutional. The decision established the Court's right to overturn acts of Congress, a power not explicitly granted by the Constitution. 

1819

McCulloch v. Maryland upheld the right of Congress to create a Bank of the United States, even though the bank was not mentioned in the Constitution.  The real significance of the ruling is the branches of the federal government have implied powers, powers not enumerated by the Constitution. Implied powers must be in the "spirit" of the Constitution.

1824

Gibbons v. Ogden defined broadly Congress's right to regulate commerce.  In the 20th century, the broad definition of commerce was actually used to uphold civil rights.

1857

Dred Scott v. Sandford was a case that intensified the nation's debate over slavery. Dred Scott, a slave, was taken from a slave state to a free territory. Scott filed a lawsuit claiming that because he had lived on free soil he was entitled to his freedom. The Court ruled that blacks were not citizens and therefore could not sue in federal court. This case was decided only four years before the start of the Civil War (1861-1865).

1896

Plessy v. Ferguson was another case supporting racial discrimination. In it, the Supreme Court ruled that “equal but separate accommodations” for blacks on railroad cars did not violate the “equal protection under the laws” clause of the 14th Amendment. Thus, the Court defended the constitutionality of racial segregation, and paved the way for the repressive Jim Crow laws of the South. 

1954

Brown v. Board of Education of Topeka forbid racial segregation in schools and led to the unraveling of legalized segregation in all areas of public life. The Court declared that “in the field of public education, the doctrine of ‘separate but equal’ has no place” and stated that “separate educational facilities are inherently unequal.” 

 

1962

Engel vs. Vitale upheld the wall of separation between church and state. The Court found that prayer established by a public agency (a school in New York) represented an unconstitutional action—in effect, the establishment of a religious code. 

1963

Gideon v. Wainwright  The Court held that the state's failure to provide counsel for a defendant charged with a felony violated the Fourteenth Amendment's due process clause. 

1966

Miranda v. Arizona was another case that helped define the due process clause in the 14th Amendment. Criminal suspects must be reminded about their rights before they are questioned by police. These rights are: the right to remain silent, to have an attorney present, and, if the suspect cannot afford an attorney, to have one appointed by the state. The police must also remind suspects that any statements they make can be used against them in court. 

1973

Roe v. Wade legalized abortion. The Court ruled that a woman has the right to an abortion in the first trimester of pregnancy.  The basis was a woman's “right to privacy.” The Court maintained that right to privacy is not absolute, however, and granted states the right to intervene in the second and third trimesters of pregnancy.

1978

Regents of the University of California v. Bakke imposed limitations on affirmative action.  In other words, affirmative action was unfair if it lead to reverse discrimination. The Supreme Court ruled that race was a legitimate factor in school admissions. But at the same time, it ruled that the use of rigid quotas was not permissible.

Details on these and several other important cases can be found at:

http://www.infoplease.com/us/supreme-court/cases/ 



When ready, continue on to The Budget Process.