The concept of judicial review is the power of the Supreme Court to declare a law passed by the executive or legislative branches unconstitutional. This power comes from the Supreme Court case Marbury v. Madison (1803) and does not come from the Constitution.
Most of the cases the Supreme Court hears are appeals, meaning the cases have been tried by a lower court. If you want the Supreme Court to hear a case, you must...
The concept of judicial review is the power of the Supreme Court to declare a law passed by the executive or legislative branches unconstitutional. This power comes from the Supreme Court case Marbury v. Madison (1803) and does not come from the Constitution.
Most of the cases the Supreme Court hears are appeals, meaning the cases have been tried by a lower court. If you want the Supreme Court to hear a case, you must first ask the Supreme Court to grant a writ of certiorari, meaning a request for a lower court to send its records to the Supreme Court. The Supreme Court is asked to hear about 7,000 cases each year and only accepts about 100–150 of these cases. The court generally hears cases that affect the entire country, that set an important legal precedent, and that have been tried by the US Court of Appeals or the highest court in a particular state.
"Having standing" means having the ability to bring a case to court, usually because the plaintiff has suffered or will suffer redressable harm. As there are usually nine justices on the court, a tie is rare; however, occasionally, a justice will be missing or recuse him or herself from a case. In the case of a 4–4 tie, the decision of the lower court, usually a state supreme court, stands. In 2017, the court will soon hear a case about the rights of transgender people.
No comments:
Post a Comment