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The Supreme Court is the highest court in the United States and the head of the federal judiciary, established by Article III of the Constitution. It is the only court explicitly created by the Constitution and has become one of the most powerful institutions in American politics through its power of judicial review. For Edexcel A-Level Politics, understanding the Court's role, its relationship with the other branches, and its impact on civil rights and liberties is essential.
Article III, Section 1 states: "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."
Key features:
The most significant power of the Supreme Court - judicial review - is not explicitly mentioned in the Constitution. It was established by the Court itself in the landmark case of Marbury v. Madison (1803).
Chief Justice John Marshall declared: "It is emphatically the province and duty of the judicial department to say what the law is." This gave the Court the power to:
Key Comparison: In the UK, courts cannot strike down Acts of Parliament due to parliamentary sovereignty. Under the Human Rights Act 1998, UK courts can issue a declaration of incompatibility, but Parliament is not legally required to respond. The US Supreme Court's power of judicial review gives it significantly greater authority over legislation.
When a vacancy arises (through death, retirement, or resignation), the President nominates a replacement. This is one of the President's most consequential powers, as justices serve for life and can shape the law for decades.
Presidents typically nominate justices who share their judicial philosophy:
The Senate Judiciary Committee holds confirmation hearings where the nominee is questioned, often intensely. The full Senate then votes, with a simple majority required for confirmation (after the "nuclear option" eliminated the filibuster for Supreme Court nominations in 2017).
| Justice | President | Year | Controversy |
|---|---|---|---|
| Merrick Garland | Obama (nominee) | 2016 | Republican Senate refused to hold hearings, arguing the vacancy should be filled after the election |
| Neil Gorsuch | Trump | 2017 | Filled the seat Republicans held open; confirmed after the nuclear option eliminated the filibuster for SC nominations |
| Brett Kavanaugh | Trump | 2018 | Allegations of sexual assault led to contentious hearings; confirmed 50-48 |
| Amy Coney Barrett | Trump | 2020 | Nominated and confirmed just weeks before the election, despite Republican precedent set with Garland |
| Ketanji Brown Jackson | Biden | 2022 | First Black woman to serve on the Supreme Court |
Originalists argue the Constitution should be interpreted according to its original public meaning at the time it was written or amended. Key proponents:
Originalists generally:
Living constitutionalists argue the Constitution is a dynamic document whose broad principles should be applied to modern circumstances. Key proponents:
Living constitutionalists generally:
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