US Judiciary - US Judiciary US Judiciary Supreme Court Most...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
US Judiciary US Judiciary: Supreme Court Most Powerful Court in World: The US Supreme Court is more powerful than any Supreme Court in any other country of world . Many democratic countries (UK) do not have a "supreme court" per se and even those who do (Germany) - do not have one quite as powerful as US Supreme Court. At some points in its history, the Court has assumed an "activist" role whereby in its capacity to interpret law and the constitution, the court effectively makes policy by altering Presidential directives or Congressional legislation or State Law or State Court Decisions. The means by which it exercises this power, Judicial Review , was not in constitution, though discussed in Federalist Papers. As we discussed in an early chapter, judicial review was established through the actions of Chief Justice John Marshall in 1803 in Marbury v. Madison decision. The primary role of the Court is to interpret the Constitution. As one wag put it, the constitution means what the supreme court says it means. This role is highly controversial. Certain policy such as flag-burning , affirmative action , rights of the accused , death penalty , penalties on sexual abuse, homosexuality are determined more by the Supreme Court than by any other part of the Federal or State Governments. Consequently, to understand politics in the US, an understanding of the Supreme Court is imperative. Jurisdiction : The US Supreme Court has two types of jurisdiction: 1. Original jurisdiction in cases involving states as a party in suit or cases between states or the high seas (rare). Eleventh amendment removed suits by citizen of one state against another state or even against his own state government (except on constitutional grounds) 2. Appellate Jurisdiction : This the more important role. In this instance, it decides certain criminal and civil cases on appeal from either Federal Courts, (Usually from US Court of Appeals though on rare occasions, directly from a US District Court) or State Supreme Courts. Factors Which Influence Courts Decision to Take Case : The Supreme Court only hears a small percentage of the cases which are on appeal. When the Court does not accept an appeal, the decision of the lower court stands. The criteria by which it selects these cases thus becomes critical. I.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/13/2008 for the course POL 1013 taught by Professor Dr.j.philiprogers during the Spring '05 term at The University of Texas at San Antonio- San Antonio.

Page1 / 4

US Judiciary - US Judiciary US Judiciary Supreme Court Most...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online