Table of Contents
What is it called when the Supreme Court rules a law unconstitutional?
Article III of the Constitution establishes the judicial branch of Government with the creation of the Supreme Court. The ability to decide if a law violates the Constitution is called judicial review. It is this process that the judiciary uses to provide checks and balances on the legislative and executive branches.
What term means the Supreme Court has the power to determine if a law is constitutional or not?
judicial review
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself.
What term means to disagree with the majority opinion on the Supreme Court?
dissenting opinion
A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.
What does the constitution say about the Supreme Court?
Article III of the Constitution establishes the federal judiciary. Article III, Section I states that “The 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.”
How does the Supreme Court and constitutional interpretation work?
The Court and Constitutional Interpretation. As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution.
Why is the Supreme Court the supreme law of the land?
Since Article VI of the Constitution establishes the Constitution as the Supreme Law of the Land, the Court held that an Act of Congress that is contrary to the Constitution could not stand. In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution.
What kind of jurisdiction does the Supreme Court have?
The Court’s Jurisdiction Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers.