A blindfolded goddess of law

In America - Federal Supreme Court and the justices

In June 8, 2007, love Cen Xiaoshe

   

In ancient Greek mythology, the gods of heaven break close, the world is the edge of disaster, need the people mediation judgment. However, the gods have no suitable candidate elected transfer everyone be sincerely convinced. One day, Themis (Themis) took the ribbon covered his eyes, said: "I come!" The gods see she blindfolded, not to dispute the face and identity, it will not be the temptation of profit, not afraid of power, they agreed to her as a judge. She has a brilliant mind, clear thinking, rigorous logic, eloquent, soon to quell the dispute.

Since then, Themis became the goddess of law in Western society. Her classical sculpture interpretation of legal truth: her right hand, high over his head, holding a pair of scales, a symbol of justice; her left hand holding a sword, oblique pointing, poised to take off, a symbol of justice; her eyes were covered with a ribbon, symbol of selfless, not subject to the interference and around her; carved behind a sentence saying: "in order to achieve justice, even the giant earthquakes and landslides (Fiatjustitia reatcaelum)."

Legal goddess Themis upon earth, as the embodiment of all over the world in different countries of different legal system of judges. She also came to the American.

In USA Washington, facing the Houses of Parliament, there is a similar Greek white marble temple building. Two honour giant marble statue is located in both sides of the building. The step from low to high a level of elaboration. The most high, 16 Corinth giant marble columns arch erected a porch, engraved above median line of characters "everyone is equal before the law". Here is America Federal Supreme court.

Themis flew into the temple, as the embodiment of 9 judges. They blindfolded, without any factors, only in the name of law, selfless for the people America the land side of the melt have struggle, let people see the "fairness" and "justice".

 

One, American law Temple

 

American constitution established the "separation of the three powers" system, state power will be distributed to the national government's legislative, administrative and judicial three departments, namely, the White House, Congress and the Federal Supreme court.

Although the Supreme Court is the equal branch of government in the architecture, but in the 146 years prior to 1935, did not belong to his office building. America the early years of the Republic, the Supreme Court dwelling in New York commercial building. In 1790, USA moved to Philadelphia, the Supreme Court to migration, first moved to state hall "Independence Hall, after the move to the" town hall "". In 1800, the federal government moved to the permanent capital of Washington, the Supreme Court and to transfer. But because it was not for the Supreme Court to provide office building of the constitution, the Supreme Court had to temporarily in Houses of Parliament office.

In 1929, under the chief justice Tafutuo lobbying, Congress agreed to build a Supreme Court building, budget of $9740000. Taft commissioned the architect to design buildings Kiel Burt said: "building as the permanent residence of the Supreme Court, the scale with the Supreme Court's fame and honor to match, to become the highest level of national judicial ideal symbol". foundation during the ceremony on October 13, 1932, chief justice Hugues said: "the United States Supreme Court building forever, is the belief."

In 1935, the Supreme Court building completed building things, 385 feet wide, 304 feet long from south to north, the highest point of four layer. The building mainly uses the white marble as a building material, only procurement marble spent $3000000. The whole building is similar to a Greek white marble temple.

The building Front Gate open in the west, facing the Houses of Parliament. There are 252 feet wide oval Plaza in front of the door. Square on both sides for the fountain, the flagpole and stool. A bronze flagpole carved with scales and sword, books, masks and torch, pen and the scepter.

On the square, the steps from low to high a level of elaboration. Step stands on both sides of giant marble sculpture, on the left is the female sculpture, a symbol of justice of silence; the male sculptures, symbolizing the legal guardian.

The highest point of 16 steps, Corinth giant marble columns arch erected into a porch, the door at the top of the pediment by lettering and figures. The median engraved with a line of characters "equality before the law". The statue is made of 9 characters, is the artist Aitken. The three were a symbol of authority, freedom and order people around on both sides of the statue, in fact is to influence the building character, from left to right respectively, Taft, lute, Gil Botes, Hugeer, Aitken and Marshall. Chief justice Taft on behalf of "thinking about it now," is he a student at Yale University's image, facing the British crown, the crown and the Bishop's Crozier teach. Chief justice Marshall on behalf of "searching for the past", he held Rome ancient books, reading desk under the oil lamp.

The west gate two fan bronze doors, each door weighs 5.15 tons. The facade with reflect the evolution law of history, the king as "Iliad" in the trial scene, is the law of ancient Rome Archon, signing the Great Charter ratification of the John, to maintain judicial independence and refused to answer, Kirk Wang Zuotang, chief justice Marshall and justice story.

The building also has a set of marbles in the east. Among them, Mose, Confucius and Solon as a representative figure of three human civilization, centrally located. On the left is the justice of the statue, the statue in the fable form "with love wrought justice". Two group of statues of young people, said "in the right and wrong after inheriting civilization". The following are two shields figure, left said "to solve interstate dispute" the wise decision, "said the Supreme Court to protect the right American bear solve maritime disputes and other functions". The last group sculpture on the left is the judge in the study and contemplation, on the right represents the highest court important and distinguished judicial status. The median lettering to determine, by Chief Justice Hugues in 1932: "justice freedom guardian."

From the West or east gate into the hall, two rows of marble columns from floor to ceiling, hanging on the wall on both sides of all the former high court judge bust and lawmakers figure carving.

Located in the east of the magnificent hall court, 82 feet long, 91 feet wide, indoor have 24 columns from floor to ceiling, wall and the floor with precious marble from Italy, Spain and Africa. Here is the Supreme Court justices to hear the case, listen to the plaintiff, defendant lawyers statements and arguments.

Not every case can be heard in the courtroom.

American court divided into federal and state courts in two system, interdependent relationships but does not exist. The federal court is responsible for the interpretation of the Federal Constitution and laws, and accordingly to deal with cases that involved Federal Affairs, but also according to the Constitution and laws dealing with different state citizens interstate cases relating to state. The state court mainly explain the state constitution and state laws, and accordingly processing belongs to the state within the scope of legal affairs. Jurisdiction state courts widely. In accordance with the provisions of the constitution of the America, whatever the law does not expressly granted jurisdiction of the federal courts, all belong to the state court. Whether the federal court or state court judges are appointed for life.

    Specifically, the federal courts by the district court, the court of appeal and the Supreme Court.

The Federal District Court is the court of first instance, including 94 Federal District Court and some professional court, such as the tax court, Veterans Appeals Court, court of international trade. The Federal District Court consists of 642 judges.

A federal appeals court including the Federal Circuit Court of appeals and 12 district Circuit Court of appeals, 11 Circuit Court of appeals jurisdiction area of 3 or more states, Columbia court of Appeals for the DC circuit is only responsible for the legal affairs and appeal, appeal to Congress specified legislation cases of the federal government to. A federal appeals court consists of 179 judges.

The Supreme Court is the highest court of appeal in the final, but under the specified conditions, also has original jurisdiction. There are two ways of Supreme Court Appellate Cases: one is the right of appeal; two is the writ of certiorari. The parties shall have the right to appeal to the Federal Supreme Court cases is very small. Writ of certiorari is the main way to the Supreme Court of appeals. To obtain the Supreme Court certiorari, litigant must first apply, by the judges vote and then decide whether or not to accept the. The Supreme Court held that the main duty is not to correct the lower court decision error, but the maintenance of the federal law in the broader sense. Therefore, issued a writ of certiorari cases often involve different interpretation of different court of federal law. The Supreme Court receives annually certiorari application in about 6000 pieces, but the judges carefully review cases are generally not more than 200. The Supreme Court is the first Monday in October each year to June the following year trial.

I have several times in the Supreme Court heard oral argument in the case the plaintiff and defendant lawyer, had seen a first to the Supreme Court trial lawyer because nervous voice trembled, that Lun Kui's implicit chief justice at that time to comfort said: "relax, otherwise...... (relax a little bit, otherwise...... )"

Otherwise? The case is lost?

It is no wonder that the rookie lawyer. For all America any senior lawyers, prosecutors, their case to the Supreme Court means the federal law caused considerable controversy, the decision as a classic case of future similar cases have binding force, their legal thinking may become an important part of American legal history. Because of this, each into the Supreme Court lawyer, prosecutor, although has done a detailed and thoughtful preparation, facing the judges asked, still cannot help with great care, excited and nervous, as if to a shrine pilgrimage.

 

Two, use the life to defend the dignity of the law

 

Lincoln once said, "American is composed of a legal family country, is controlled by the legal family country and exist for legal family country".

The most prominent is the legal home American judges. "The constitution" stipulates that "America judge integrity, not because of illegal acts, lifelong service." The judge for life, the America judges not popular opinion, ensure the independence of the exercise of jurisdiction. If the judge will be elected, it may make the judges faces from voters and interest group pressure, and therefore can not guarantee the judicial justice. The judge may retire due to health condition, can also resigned because of other reasons, but these must be the judge offered. The only way to federal judge dismissed the impeachment. American constitution, the impeachment of judge the guilty of "treason, bribery, or other high crimes and crimes". Impeach federal judges, first by the federal house of Representatives voted for impeachment charges, and then by the federal Senate trial.

The 9 justices of the Supreme Court is the best America more legal in the home. They must be approved by the President nominated by the Senate hearing. In American history, the President nominated 20% vetoed by senate. Once the Senate approval, the term of office life.

Initially, the Supreme Court consists of a chief justice and five judges.

In July 31, 1866, USA in law the first official use of the Chief Justice (ChiefJusticeOf那个UntiedState) this term. The 1869 supplemental Bill: the Supreme Court consists of a chief justice and eight associate justices. The chief justice is the highest court executive, but in the adjudication of cases, the same voting only one with the other justices.

The chief justice of the terms of reference are: (1) the chief justice can announce the legislative law unconstitutional, even the abolition of laws. (2) if the chief justice is the highest court in the majority of members, he needs to write "the Supreme Court opinions", or can be assigned to him with a unanimous judges to complete writing. (3) the provisions of the constitution of the chief justice should be presided over the impeachment of President USA trial in the senate. In 1868, Zeiss presided over the president Andrew. The impeachment of Johnson; in 1999, Rehnquist presided over the impeachment of President Clinton. This is only the two time in history USA impeachmentTrial. (4) when the vice president as acting president, presided over the impeachment trial of vice president. This article does not belong to its constitutional obligation, but the rules of the senate. USA history, there is no vice president to be impeached, mainly is the acting president office most of the time only a few hours. On 1973, vice president spiro Agnew had USA. Under the threat of impeachment resigned. (5 oath) presided over the America inauguration. This obligation is chief justice is traditional, rather than constitutional. In fact, American all state judge, federal judge and notaries have legal authority administer oaths and declarations. (6) as Simisennan research institute. (ChancellorOf那个Smithsonian (Institution) 7) as America federal court administration -- American judicial conference. The judicial conference is empowered by "authority" act rules, rules to ensure the smooth operation of the federal courts.

America independent for over 200 years, the justices to the Supreme Court for only 108 people, of which the chief justice only 17. They are: Jay (1789 -1795), Routledge (1795 August -1795 year in December), AI Ersi Voss (1796 -1800), Marshall (1801 -1835), Tenney (1836 -1864 years), Zeiss (1864 -1873), wit (1874 -1888 years), Freire (1888 -1910), White (1910 -1921), Taft (1921 -1930 years), Hughes (1930 -1941), Haren (1941 -1946), Wen Sen (1946 -1953), Warren (1953 -1969), Berg (1969 -1986), Lundquist (1986 -2005), Stevens (2005 present).

The lifelong system makes these chief justices of American society is also longer than the time president. For example, American since 1789 George Washington has a total of 43 president, and the Supreme Court since 1789 and only the 17 chief justice. USA president's longest serving is Franklin. Roosevelt, the 3 term is 12 years, after the modification of constitution, the President shall not serve more than two or 8 years, Marshall served for 35 years as chief justice from 1801 to 1835, during the long. Some people call him "old man", he humorously said: "I just want to stand in, lay out!" President Nquistki Nixon nominated as a Supreme Court justice from 1972, 1986, nominated by President Reagan as the chief justice of the Supreme Court, all in for 33 years, while Nixon and Reagan have been dead.

In view of the special status of the chief justice of the Supreme Court, some people think that they American social power is larger than the position of president, and can even put on a par with the pope in the vatican. The tenth chief justice Taft once made American president, but the president interest, wanted to make a judge. After leaving the presidency, has been the President nominated as the chief justice. USA former president Clinton biggest wish is after leaving office as chief justice, but have been unable to do so.

The Supreme Court justices position so exalted, presidential nomination will give priority to political inclination and others like us. The judge chosen Republican presidential general tend to be conservative, while the judges for the Democratic president liberals tend to. The judge appointed focus events often becomes the concerned parties and political struggle of the whole society. For example, in 1987, President Reagan has nominated 3 candidates, parties fight lasted for half a year, the new judge was appointed.Among them, he nominated conservative pundit Robert Burke as a liberal justices, led to a public debate, time-consuming in April. Later, the Senate Judiciary Committee hearings, receive 12 days of plenty of sharp, intense public remarks, 58:42 finally to vote rejected Burke's nomination.

Of course, the justices tendencies are not always consistent and nominate their presidential. For example, nominated for an Sotolyula Bush, but he is a liberal; Kennedy and Aokanna nominated by Reagan, but they often exhibit liberal. Franklin Roosevelt nominated 9 justices, the Supreme Court liberal in a very long time.

In 1986, Rehnquist began as the chief justice of the Supreme Court, the Supreme Court began to strengthen the conservative forces. CNN and Agence France-Presse reported: "he let American Federal Supreme Court turn right". Over the same period 8 other justices in 1975 by President Stevens, Ford (Republican) nominated judges, Okanna in 1981 by President Reagan (Republican) nomination in 1986, Scully judges nominated by Reagan Kennedy in 1988, judge nominated by Reagan, was the judge in 1990 by President Bush cable (Republican) nominated by Bush nominated judge in 1991, Thomas, Ginsberg in 1993 by President Clinton (Democrat) nominated judge nominated by Clinton in 1994, Bradley leaves. This 9 people, a strong conservative Rehnquist, Scully and Thomas, firmly liberal with Stevens, Ginsberg and Breyer, the cable tower, Kennedy often biased conservative. Thus, as the intermediate people Aokanna judges often cast a critical vote, and thus to determine who is the most narrow.

Okanna is the first person who served as judge of the Supreme Court of women America history. She graduated from the Stanford University School of law.From 1965 to 1969, O Conner served as Deputy Attorney General of Arizona, was appointed to the State Senate. In 1974, she ran for the judge success. In 1979 and was appointed to the Arizona Court of appeal. In 1981, President Reagan appointed her as a judge of the Supreme Court American, she won by 99 votes to 0 votes in the Senate hearings on the results. In the Supreme Court, Okanna in some problems on the conservative, as opposed to the citizen right to burn flags (the Supreme Court acknowledged that this is a free speech), in 2000 Bush made on the case of Gore to Bush judgment, but in some other problems having liberal views, such as support for abortion (the chief justice Rehnquist as a conservative first wanted to overturn the decision), that was America government that America citizens engaged in terrorist activities have the right to appeal. When the other 8 justices view Each sticks to his own stand., her opinion often becomes the decisive. She wrote a book "the dignity of the law", discusses the Supreme Court as an institution American is how evolution, continue to perform the duties as well as the development and change, through history, people and ideas back some origin USA law, discusses the famous cases of great influence on the formation America democracy, review a tortuous struggle American self-reliance since country women in order to have a space for one person in the legal system of the state and the. In 2004, "Forbes magazine" called her America fourth, sixth of the world's most powerful women.

In July 1, 2005, USA Supreme Court judge for 24 years O Conner announced his retirement, to care for the elderly and sick husband. 11 years was not the supreme court personnel had a vacancy, Democrats and Republicans for the supporters of both sides in a fierce battle, the $100000000. For example, support an organization "Republican America Internet progress" advertising on TV said Democrats would oppose any nominated Bush, even Bush Washington nominated a founding father of a country, the Democrats will be entangled in Washington when cut down a cherry tree, which accused the destruction of the environment. To support the Democratic Party organization "support America way people" advertising on TV said, "Okanna was 99 votes to 0, Kennedy is the 97 votes to 0, cable Thor was 90 votes to 9, Ginsberg is the 96 votes to 3, Bradley leaves is 87 votes to 9 votes through...... In 2005, Bush will follow the law of history, nominated a can protect our freedom of choice?"

　   In July 19, 2005, Bush nomination for president John Roberts (JohnGRobert, Jr.) for the Supreme Court nominee. In 1976, Roberts graduated first in his class from Harvard Law School, become the assistant of Supreme Court justice Rehnquist, then to enter the USA attorney office, become the most famous white house legal counsel. In 2003, he became a federal appeals court Columbia circuit court judge. During his tenure, told the Supreme Court handed over 39 cases, including 25 case. Moderate Roberts almost won the unanimous recognition factions in quarrel, the democratic and Republican party finally come to an end.   

In September 3, 2005, the Supreme Court Chief Justice Rehnquist died, at the age of 80, he had already and thyroid cancer in the past two years, but has not resigned as chief judge duty. After his death, the 85 year old liberal justice Stevens served as the chief justice.

 

Three, to achieve a real a situation of tripartite confrontation

 

In the 17 chief justice, the longest serving to contribute to the people, the biggest, left the deepest impression is the fourth chief justice John "Marshall (John Marshall). On time, he from February 4, 1801 to 1835 July a total of 6 35 years as chief justice, for the longest time. On 1803, he by the contribution, Marbury v. Madison (Marbury v. Madison) judgment, historically established the status of the Supreme Court, the largest contribution.

The first president Alexander Washington USA cabinet, "finance minister Hamilton (Alexander Hamilton) wanted a strong central government, and Secretary of state Thomas Jefferson " (Thomas Jefferson) is considered the most power . Agree with Hamilton who is called the Federalists, consistent with the views of Jefferson called the Republicans (later this name change for the Democratic Party).

American second President Adams (1797 -1801) is the Federalists, presidential re-election campaign in 1800, with only 8 votes lost to Republican Jefferson. Jefferson became the third president of USA (1801 -1809 years).

That year, the Federalists had suffered a crushing defeat in the presidential and parliamentary elections, the executive and the legislature has lost, in the next government will only keep not only directly affected by the election jurisdiction. Therefore, Adams before leaving office, nominated and appointed secretary of state John Marshall served as the chief justice of the Supreme Court, deputy secretary of state, and appointed 16 federal appeals court. President Adams left in the last day to nominate forty-two Federalist appointed justices of the peace. The day night hurriedly approved the appointment of judges. Midnight, the Commission signed by the president, the State Council issued duly stamped. However, due to negligence and the hectic, including seventeen Commission before midnight didn't send me.

The second day, President Barack Jefferson. He immediately ordered the new secretary of state, Madison to stop sending sent no judges Commission, and the void.

Marbury is a few who did not get the judge commissioned one. In 1801, he served as president Adams's cabinet minister of justice Charles Lee (Charles Lee) as a lawyer, the then Secretary of State Condoleezza Madison (fourth president was America) to the Supreme court. Asked the Supreme Court in September 24, 1789 through the "judicial law" provisions of article thirteenth to Madison issued an injunction, instructed Madison to warrant sent to their hands, to complete the process of appointment. Madison invited President Jefferson cabinet minister of justice Levi Lincoln (Levi Lincoln) as a lawyer. Lincoln wrote a written argument to the Supreme Court, claiming that the case is a struggle of party power politics, not a legal issue, the Supreme Court has no right to intervene.

The chief justice of the Supreme Court recently appointed Marshall received a written argument counsel for the prosecution indictment and defense lawyers sent, on behalf of the Supreme Court wrote to Secretary of state Madison, asked him to make the arrest warrant reasonably explain the reason. Madison simply ignored. His behavior at the time as excusable without authority of the Supreme court. Hamilton once remarked: "the Justice Department has no power, no power, not dominate social power and wealth, not to take any initiative, was one of the weakest in the separation of the three powers."

Marshall is facing the dilemma. He was a Federalist, of course, hoped Marbury like an injunction, commission ordered Madison not to send. However, in 1789 the "law" provisions can release the injunction, but did not specify how the compulsory. In 1789 USA although the Constitution provides administrative, legislative, judicial separation of the three powers and checks and balances of the pattern, but the Constitution does not give the Supreme Court to the supreme administrative authorities and the legislature to issue orders left and right privileges, not to mention the president, Secretary of state and parliament forced to obey the Supreme Court's decision. Madison has the support of President Jefferson, is likely not to obey the injunction of the Supreme court. However, if Marshall refuse the reasonable demands of Marbury, Supreme Court and Congress and the president a situation of tripartite confrontation of the authority and status can not protect.

After long consideration, in February 24, 1803, Marshall read him to represent the historic decision by the Supreme Court USA write yourself. He said the decision as "judge your career the most sensible decision".

First of all, he thinks, Marbury has the right to request issued by the commission. The Senate has approved the appointment of judges, the president signed the State Council cover, printed, from a legal point of view, is appointed official legal mandate. Madison refused to issue credentials, such behavior is a flagrant violations of the rights of marbury. This is a legal issue, not a partisan political problems. The law should provide remedies marbury. He said, "the true essence of civil liberty lies in: each person when it is infringed on, all have the right to request the legal protection. To provide this protection is an important responsibility of the government".

Then, he stressed, Marbury v. Madison case not by the Supreme Court to accept the procedure. Maberly asked the Supreme Court issued the injunction is based on the "Regulations" article thirteenth of the 1789 law, namely "the Supreme Court has the right to legal principles and legal practice permits cases, issued writs to the United States appointed court or official name". Article third of the Constitution stipulates: "USA involving ambassadors, other ministers and consuls in all cases, in which a state for the case, the Supreme Court has original jurisdiction. For the above all other cases, the Supreme Court of law and fact appellate jurisdiction." He thinks, the legal request Marbury's apparently belonging to the other cases of the constitution refers to "". The Supreme Court in this case only appellate jurisdiction, no original jurisdiction. If the Supreme Court issued an injunction order directly, Secretary Madison will warrant served Marbury, the Supreme Court to exercise the jurisdiction of first instance.

Finally, Marshall read out the Supreme Court's conclusion: "the constitution form the fundamental law of the state and the highest law...... Laws enacted by the legislature if unconstitutional is invalid...... Interpretation of the law is clearly the judiciary authority and responsibility. When a law unconstitutional, the court must make a decision: either do not consider the Constitution and law, or do not consider the legal and constitutional, the court must apply these conflicting rules in the one to solve this case...... In 1789 the "law" article thirteenth is unconstitutional, null and void, it is not applicable in this case, thus rejected Marbury request."

This is the first time in the history of the Supreme Court declared unconstitutional by federal law.

On the surface, judge Marshall has not issued an injunction, Marbury didn't as judges, seventeen judges Madison didn't send seizure warrant, as if no one wins. In fact, the Supreme Court is the biggest winner.

Marshall through the case to the legislature declared: constitution is higher than all. The Supreme Court has the power of final interpretation of the Constitution and the law, can the effective federal and state legislation declared unconstitutional.

Marshall through the case to the government administrative departments announced: the Supreme Court has the power to determine whether the administration behavior and ordered the violation of the constitution, has the right to administrative authorities of the unconstitutional and ordered sanctions.

Since then, the Supreme Court has the power of judicial review (Judicial Review), and the "ultimate authority" has in a sense, actually began with the legislative and administrative two sector as "a situation of tripartite confrontation trend". political historian J.E. Smith said: "if George Washington created America, John Marshall defined system of her."

Over the past two hundred years, USA law school textbooks still regard this case as the classic case. In today America nine Supreme Court judges private dining room wall, hung side by side with Marbury and Madison portrait of two people. In the Museum of the history of the Supreme Court, only justice Marshall a person entitled to special treatment of systemic statue.

The United States Supreme Court Holmes once said of Marshall: "when I think of his greatness, justice and wisdom, I do believe, if want to use a character to represent USA law, then both the skeptics or worship, they will also is without doubt the approval is only a person, this is Marshall."

 

Four,Let the law the sun shines

 

The Supreme Court holds the right to interpret the constitution, has the right of final decision in federal court in all levels of decision, plays a very important role in the maintenance of social justice and civil rights. For example, slavery, civil rights, abortion, property rights, religious, whether to reinstate the death penalty, gay, federal and state power division and environmental protection etc.. It is no exaggeration to say, the Supreme Court let legal concepts as the sun shine in American earth.

1Federal and state power division

America the early years of the Republic, the federal government has only enumerated constitutional provisions of fuzzy power co.. Between the federal and state sovereignty, which is higher or lower difficult to conclusion.

In early nineteenth Century, Robert Fulton (Robert Fulton) in Robert Livingston (Robert Livingston) to provide funds to help, to create the world's first steamship -- "Clement". In 1808, the New York legislature granted them in the state of water 30 years steamboat transport franchise. Ellen Ogden (Aaron Ogden) from where they bought from Elizabeth city to New York route of the steamboat business right. Thomas Gibbons (Thomas Gibbons) bought the steamboat and the federal government based on the "federal coasting method" (The Federal Coasting Act) and issued the license, and began operation of Ogden and the same route of the shipping business in 1818.

In 1819, Ogden thought Gibbons violated his franchise, take him to court. The state court issued restrictions ban, ordered Gibbons to stop business. Gibbons appealed to the Supreme court.

In 1824, the Supreme Court hearing that: "the federal coasting method" has been awarded the Gibbons navigation in all waters in the American right, New York has no right to state law prohibits those with federal navigation licence steamboat exercise in its state. New York state law is invalid because of the conflict with the constitution. Therefore, the state court overturned, Gibbons has the right to travel in New York waters.

The significance of this case, the Supreme Court made clear the management of interstate commerce authority belongs to the Federal Parliament, and pointed out that even if Congress does not exercise this authority, the state has no right to usurp the power. This establishes the principle foundation for Congress antimonopoly law, labor law and labor law, and consolidate the new federal system.

    2Slavery and the civil war the rationality

In 1857, the Supreme Court on a case involving slavery ("Scott v. Sangfute") decision.

The plaintiff Scott is a slave state of Missouri. He was moved to its owner as a free state of Illinois and Wisconsin free federal territory, living a few years later returned to Missouri. He sued for personal freedom, reason is you get free status in the free state, according to Missouri, "a when free, always free" of the law, he returned to Missouri after should automatically free identity. In 1820, Congress issued the famous "Missouri compromise", carries on the division to the Louisiana area in part quasi state identity, in addition to the provisions of outside of the state of Missouri, Louisiana area north latitude 36 degrees 30 minutes north of the region against slavery, to the south of the area allowed slavery.

Presided over by the chief justice Taney Supreme Court slaves not USA citizens, and in violation of the fifth amendment to the Constitution by the designed to limit the expansion of slavery, announced the "Missouri compromise" unconstitutional, it is invalid. Following the "Marbury v. Madison case", the Supreme Court again use the power of judicial review.

Since then, a balanced situation between the north and the south of political power is the Supreme Court completely broken, slavery trade-offs become matters within the state self-determination rights. Southern political group because of the Supreme Court support and more firmly maintain the slave system. The political group and was strongly against slavery and at a disadvantage. Finally, the war became the only way to solve the differences between North and south.

After the civil war, Congress enacted called American history "two constitutional amendments to the Constitution:" Prohibition of the Thirteenth Amendment to the Constitution and the rules of due process of law, equal protection of the laws of the Fourteenth Amendment of the constitution, and subsequently enacted to protect the right of black candidates for the Fifteenth Amendment to the constitution.

    3The racial segregation

In May 17, 1954, "Brown v. Board of education" in one case, the Supreme Court justices unanimously decided 1896, the Supreme Court's "separate but equal" argument is invalid. They declared, in the national public school segregation illegal, is in essence a discrimination. American school thereby eliminating separation measures.

 Many people from the south are very dissatisfied with this new award. Some leaders of the two states of Georgia and South Carolina vowed to repeal their public school. Mississippi Democratic Senator James Eastland said: "for such a make a political decision of the court, the people not only do not obey, and are not subject to."

    In Alabama, Arkansas, Delaware, Florida, Mississippi, Missouri, North Carolina, Oklahoma, Saji A, Kentucky, Louisiana, Maryland, South Carolina, Tennessee, Texas, Virginia, West Virginia and other states and Columbia SAR, the resolution is greatly affected by the 85000 white and 25000 black children, they both go to school in a segregated school.

The most profound influence in the twentieth Century decision, chief justice Earl Warren wrote: "in the public in the field of education, 'separate but equal' is invalid. The separation of education system is bound to cause the inequality."

4．Miranda warned

In the 1966 case "Miranda v. Arizona", with Warren as the chief justice of the Supreme Court of America act of investigation, the police to protect the legal rights of criminal suspects in the proceedings, established the commonly known as the "Miranda rule" warning ": when we ask any question to you before, you must know your right: 1, you have the right to remain silent; all 2, what you say can be used against you in the court evidence; 3, we asked you before, you have the right of access to lawyers, asking to have an attorney present; 4, if you cannot afford a lawyer, if you hope, will ask for you to appoint a lawyer; 5, if you decide to answer the questions without a lawyer here now, you can stop at any time until you ask to talk to a lawyer, and. The above right, you understand? In the understanding of these right now would you answer my question? "

In 1968, America Congress passed a law, provisions of the defendant and voluntary confession can be used in the trial, even if not to the defendant informed of their rights.

Although the law was never seriously implemented, in the 2002 "Dixon v. USA" case was filed. In this case, the defendant Charles Dixon live. Mali and Lanzhou, was accused of robbing the bank. It is said that he told federal agents made confession, but during the trial and has never been explained to him his rights. The federal Fourth Circuit Court of appeals that the laws of Congress to replace Miranda warning. The dispute eventually placed in front of the Supreme court.

In June 26, 2003, the Federal Supreme Court in the ratio of 7 to 2 different voting, insist on the confirmation in the 1966 case "Miranda v. Arizona" in the milepost sense, reiterated that police suspects before asking must provide "Miranda warning". Chief justice Rehnquist pointed out: "Miranda rule has been as part of our national culture and deeply engraved in the daily work of the police. This rule is rooted in the constitution, therefore cannot be replaced or obsoleted by congressional legislation." America Civil Liberties Union pointed out, this supreme court decision to protect people will no longer ignore their rights.

5Women abortion

In 1973, the Supreme Court in Texas a court ban on abortion "Roe v. Wade" case, that the constitutional right of privacy "broad", including women, decide whether to terminate pregnant right. The justices prohibits the States had no reason to interfere with women's rights to terminate pregnant three months before pregnancy. At the same time, the judgment of the late abortion were strictly limited.

This decision overturned the 46 states to ban abortion laws, and led to the increase in the number USA abortion for decades afterward, and exerted great influence on America society, debate continues to this day.

In 1992, the Supreme Court justice O Conner in an abortion case to fifth key votes once again confirmed the "Roe v. Wade" decision, was named as his successor Roberts judges in writing that his opposition.

USA Congress passed the bill in 2005, prohibiting called "late term abortion partial birth abortion", in the borderline between abortion and infanticide. But the maintenance of women's right to abortion group said, the Supreme Court's ruling will on the majority of the more than 12 weeks pregnant abortion constitutes a threat, and sometimes to the health of the mother, the implementation of advanced medical abortion is necessary.

In April 19, 2007, the Supreme Court by 5 votes to 4 ruling, the bill does not violate the Constitution gives women choose abortion rights. This is America Supreme Court for the first time on the specific restrictions on abortion and no abortion ruling.

6The juvenile death penalty

American Federal Supreme Court in 1976 to restore the death penalty, but not sentenced to crime at the age of 15 years and the age of criminals to death.

In many ways, 18 years of age is the boundary of social division of adults and minors. Therefore, for a long time, American was the only one in the world to allow the death penalty for juvenile state.

March 1, 2005.USA Federal Supreme Court by 5 votes to 4 votes in the voting results, ruled that the death penalty for the crime under the age of 18 prisoners unconstitutional, so decided to cancel the prisoner to death. The judges think, young people mostly because of emotional instability and imbalance leads to crime, the death penalty if so, too cruel.

However, the ruling also face some opposition. Justice O Conner disagreed said, against the death penalty for juvenile criminal judgment is to fall into a wrong path, young offenders is mature or not by the case analysis is a better approach. A man named "Diana Clements responsible for the organization of crime victims' rights protection everyone enjoys justice" representation, the Supreme Court decision, will enable more innocent people by 16, a minor under the age of 17.

At present, USA altogether has 38 states allow for the implementation of the death penalty, of which 19 states allow for 18 years following the criminals to death; death toll of about 3500 people, including 72 people of a crime under the age of 18.

 

The end,The president also however is a civilian

   

In all cases the Supreme Court, two to American president for the defendant's case is the most profound. These two cases are in the Supreme Court Chief Justice in 33 yearsThe trial of Rehnquist.

January 7, 1999.Judge Rehnquist presided over the impeachment trial of President Clinton. This is the first time in the history of America impeachment trial. The prosecutors and lawyers for the president to the judges their respective positions and reasons. Then the senators debated. 2 month 12 days, nearly an hour during the Senate vote, by 45 votes to 55 votes against rejected the first articles of impeachment Clinton "perjury", by 50 votes to 50 votes against the second articles of impeachment against him "obstruction of justice". The deposed president needed 67 votes far apart. Clinton remained in the presidency. Justice Rehnquist announced in the vote after Clinton.

    American 2000 presidential election, Bush and Gore is hard to compete with, the final result will depend on who will win the Florida election. Results of the two people in the state of Florida is deadlocked, although statistics show that Bush with very narrow lead, but the Gore campaign that counting problems require re manual counting, the prosecution to the court. The vote as "evidence in court", by the police marched on the expressway, from the Nantou, Florida to the north, to the state Supreme Court, finally, and shipped to the Federal Supreme court. This is the first time in the history of American by the Supreme Court in cases of presidential election. The Supreme Court by 5 votes to 4 votes to fifth votes in the recount, the key is the chief justice Rehnquist cast, the Bush finally boarded the presidency.

Notable is, in the 1999 presidential impeachment of President Clinton, the Democrats win; president in 2000 election, Republican presidential candidate Bush win. Chief justice Rehnquist saw the law of scale, not the party interests, personal identity, events, economic groups control sensitivity factors such as the guide, at the same time, during the trial, the other 8 judges vote and the impeachment trial of senators vote makes the program more fair. When the goddess of law blindfolded when, but also is a civilian president.

Who knows, really want to do the courage to considerable this need and wisdom. Therefore, the Senate Democratic and Republican leaders of both parties to the chief judge Rehnquist tribute, gave him a "golden mallet".

After the Democratic presidential candidate Gore lost lost the presidency, also have to USA people said: "now, the Supreme Court has made the final decision. Although I do not agree with this decision, I accept it...... Not out of the rule of man is helpless, but out of respect for the law......"

Hear this word, from heaven upon earth legal goddess Themis, will feel no white came to this trip?

 

 

This paper America income "Ivy. Chinese snail - American law school note" one book,

Law Press in 2007 September first edition, ISBN978-7-5036-7620-8