The U.S. supreme court: powers and limits

Extraits

[...] This case in fact amounted to the Supreme Court's assumption of colossal judicial power: the court was now entitled to review acts of Congress and strike them down when deemed unconstitutional. III- Limitation on the S.C's power of judicial review This enormous power acquired by the Court is nevertheless subject to limitations. First, a certain number of self-imposed limitations set forth in Aschwander v TVA (1936) and known as the Ashwander rules, reduce the number of cases that the Supreme Court can decide and encourage the court to “construe statutes so as to avoid a constitutional issue”.[4] Also, as set down in Article III the Supreme Court has jurisdiction only over cases of “controversy”, that is to say in cases involving a dispute between at least two parties. [...]

[...] The number of cases extending to the court's appellate jurisdiction however are much broader, and are listed in Article III but are limited by “such regulations as the Congress shall make”. This means that Congress can decide “which categories of cases [ ] “qualify for review by the Supreme providing again for checks and balances. The Court cannot decide for itself which cases it hears, and the extent of its appellate jurisdiction can be subjected to acts of Congress. This is an important restriction imposed on the Supreme Court, as pointed out by T. [...]

[...] But once the change of administration had occurred, Madison, the new secretary of State, refused to deliver the commission. Marbury filed a suit in the Supreme Court asking for a writ a mandamus. Marshall, the newly appointed Chief Justice of the Supreme Court, then faced a dilemma: if he ruled for Marbury, Jefferson's administration was likely to ignore the judgement and thus mar the prestige of the Court. On the other hand, if he ruled for Madison, the court would be equally marred for “bowing before political threats”[3]. [...]

[...] Through its acquired power of judicial review, the Supreme Court has evolved beyond the original scope of the Constitution. However, this power is limited by self-imposed restrictions, and a system of checks and balances that guarantees Congress and the Executive a continued momentous role to play in the shaping of the nation. Bibliography FALLON R. (2005), The Dynamic Constitution MASON T. and STEPHENSON D.G. (2005), American Constitutional Law, 3rd ed. MCKEEVER J., ZVESPER J., MAIDMENT R. (1999) Politics USA, 1st ed. [...]

[...] How and to what extent has the Supreme Court expanded its powers? What are its limits? After considering the powers conferred to the Supreme Court by the Founding Fathers, this essay will examine the way in which the Court acquired the power of judicial review, and will lastly discuss the limitation of this power. The Supreme Court as Originally Created by the Founding Fathers The Supreme Court was created by article III of the Constitution which provided that judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish”. [...]