USA Federal Supreme Court

 

   The Federal Supreme Court(Federal Supreme Court)The federal court system is USA highest trial level and the highest judicial organ.1790According to the constitution of the United States of America "year" was established, in Washington d.c.. From the first Chief JusticeLAnd the judge5Member number several times, then add.

Catalog

 

Introduction

Development process

The dominant factor

Correlation

The neutral

Judicial cases

Digital judge

Introduction English name: Federal Supreme Court of the United States

  USA Federal Supreme Court

1869Years according to the act of Congress by the Chief Justice1And the judge8People,9Judges, have1Who is the chief justice of USA, its producing process and in addition8Justices. Judge by the president with the consent of the Senate American agreed to appoint, as long as loyal to their duties, be tenure, shall not be removed without the impeachment. But at least70Years old, work with10Years or above65Years old, work with15Years, can automatically proposed retirement, in addition, American Supreme Court Justice's salary can not be laid off. USA constitution, the Federal Supreme Court cases involving ambassadors, other ambassadors and Consul for a party, as well as a state has jurisdiction; on the state Supreme Court or a federal appeals court, have the right to review the legal issues; the right granted certiorari, trial level under federal court or court case. The Federal Supreme Court also has the right to judicial review, review of the federal or state legislative or administrative action is unconstitutional. Whether the trial of cases, or review the case, the decision is final. The Federal Supreme Court time for each10The first Monday in May of the next6In mid July . A simple majority to the judge's decision to vote shall prevail The views of all parties, sentence writing.1882The year began issuing official compilation of "USA supreme court reporter", in which case is binding on the court for trial, the basis of similar cases.

USA Supreme Court for the various cases submitted by the general9Justices to vote for a simple majority vote to decide.

The Constitution does not mention whether America American Federal Supreme Court has the power of judicial review. But American Federal Supreme Court once by Marbury v. Madison decision points out, American Federal Supreme Court has the power to declare a law unconstitutional and should not be used.[1]

Edit this paragraph in the course of the development America society, the Federal Supreme Court decision deeply affects every major field, but in American's founding, the Federal Supreme Court be of little, even building a decent, alone are not.19At the beginning of the century, America was the capital Columbia SAR, Congress did not consider alone to the Federal Supreme Court cover office in the Houses of Parliament building, just leave a room. When someone describes the Federal Supreme Court's dilemma: "a stranger, in turn a week at the Houses of Parliament, dark passage, I cannot find a remote corner of the management of the United States of America judicial institutions." The Federal Supreme Court from the small role that could become all-powerful characters today, let us through the groundless talk from the experience of one or two.

1789Years --1865Years: on the relationship between Federation and states of slavery period

1789Years9Month24Day, USA President Washington signed by both houses of Congress. "1789Years of judicial regulations ", set up the federal judicial system America earliest, i.e.6Justices of the Supreme Court, and the judges who judge3A circuit court and13A local court. Next year2Month2Day, the Federal Supreme Court formally established.

From the federal government set up to the civil war, the Federal Supreme Court dedicated to establishing a court in the three right of status and maintenance of the federal higher than state. During this period, most notably in the fourth chief justice John Marshall's leadership, the Federal Supreme Court for a judicial review right this sword, and through a series of influential decision, to win the public and other government departments on it must respect and obedience, eventually establish and consolidate the Justice Department in a situation of tripartite confrontation American political framework a foot position.

Generally, America Federal Supreme Court's independence and authority, is1803Marshall justice in the "Marbury v. Madison" decision, after the Supreme Court for judicial review, to establish the. In fact, the justices to participate in writing "Federalist Papers" John Jay led,1793In reply to President Washington, refused to provide advice for government affairs, the Supreme Court for his quietly held the adult ceremony. American judicial began to get rid of the inherited from Britain to the court is the king's court, the judge is the king of the birthmark.

1793In the summer, Thomas Jefferson of secretary of state by President Washington delegation, on behalf of the federal government administrative departments, wrote to the justices to the Supreme Court, asking them to the administrative department of face in diplomacy29A legal problem, advice. For example, in the end of the America neutral foreign policy announced by the congressional legislation, or by the president, making the announcement.

Later, Marshall court period by precedent, established the right of judicial review of the court and maintenance of federal supremacy, has a profound impact on the lives American political system and national.1803Years, Marshall court decided the case of Marbury v. Madison decision, the Federal Supreme Court in the history of the first and most important case, its significance lies in the establishment of the right of judicial review of the court. Marshall represents the Supreme Court wrote the verdict declared: "all the written constitution developed that constitute the fundamental law of the state, the Constitution and the highest law. Interpretation of the law is clearly the judiciary authority and responsibility. The rules are applied to the specific case of people must explain and interpret the rules, in violation of the constitution law is invalid, the court and other departments shall be subjected to the file constraint." American constitution for the authority to interpret the constitution belongs to not make any provisions, but the case to the Federal Supreme Court has the power to interpret the constitution. Because of the wisdom and efforts of justice Marshall more than usual in the judicial practice, and the English common law tradition influence on the North American colonies and then and later American politicians to respect the legal and political rule and be good at compromise characteristic, the American political system the first real features of three rights separation, checks and balances, and the power of judicial review to become one of the major characteristics of American political system Bie Yuying, France and other Western democracy regime. The power of judicial review and the authoritative status of the Federal Supreme Court Supreme thus historically established, judicial and really start to stand and legislative and administrative two departments. Can say, this is a milepost USA political system history and the history of human civilization.

After the founding of the PRC, there has been a federal and state the right to send a struggle in the federal and state power relationship. Marshall court mainly through the following three case, maintaining the federal supremacy.1The case, Fletcher v. peck (1810Years): ruled that a law of Georgia, damage to the property rights of citizens, in violation of the federal constitution article1Article10Paragraph, and invalid. The supreme power in Georgia should not be viewed as a single, isolated, it is a member of America federal. There's a federal constitution, the constitution of the supreme status recognized by all people, which set limits on the State Council, no state has the right to go beyond these limits."2McCarthy, Rock v. Mali Lanzhou case (1819Years):1816Congress established American second bank, MacCulloch is the Mali Lanzhou Baltimore branch teller. Mali Lanzhou on the bank levy, MacCulloch refused to pay the state to state, so the court, MacCulloch appealed to the Supreme court. The constitutional issues involved in the case of this is: whether Congress has the right to set up the bank, Mali Lanzhou whether to the bank tax without violating the constitution. The Federal Supreme Court decision to USA Mali and Lanzhou bank tax law is unconstitutional and invalid. This case established two important constitutional principles: first, the federal have both understand delegated power, and have power to grant from the implied powers derived "". In this case, the "necessary and proper" clause be implied power constitution according to the. Because the implied power is almost unlimited extension, it expanded federal power main legal and theoretical basis. Second, federal agencies cannot intervention.3, Gibbons v. Ogden (1824Years): the case is the first case of the commerce clause of the constitution of the Federal Supreme Court, the Supreme Court through this case, the generalized interpretation of federal regulation of interstate commerce clause, thus expanding federal power. Later, the Federal Supreme Court "on the commercial terms" explanation is more and more wide, from commodity production and circulation, transportation, wages, working hours, labor unions to civil and criminal behavior, as long as the effect on interstate commerce, have the right to control the federal.

Donny court period, state the right to send control the Federal Supreme Court, in the fierce struggle to abolish slavery and maintain in the court, Donny maintained the slavery.1842Years, the Federal Supreme Court ruled against illegal kidnapping a fugitive slave Pennsylvania law unconstitutional (Prigg v. Pennsylvania case), the Supreme Court recognized the Fugitive Slave Act of Congress (1847Jones v. van ZANDT case;1851Norris v. Crocker), ruling state according to its police power to assist in the capture of escaped slaves (1852Moore v. Iri Noiyushu).1851Federal Supreme Court further sanctions, resulting in a state of the state court in the case, according to state law to determine a black slave or free has the right of final decision (Strayer de v. Graham). Is a greater impact1857Years of Scott v. Sanford, in this case, the Federal Supreme Court announced the "Missouri compromise" null and void because of violation of the constitution. Sentence.1, Congress had no power to prohibit slavery in the federal territories;2Black, whether free or slaves were not citizens of the United States, not qualified in federal court;3The fifth amendment to the constitution, apply to the federal territory; Nu Li is a property, the Nu Li identity becomes a free man, is without due process of law to deprive citizens of property (Nu Li). Both sides have intense debate over slavery, and then evolved into USA federalism and constitutional debate. The Federal Supreme Court in an attempt to solve the unprecedented constitutional crisis through judicial channels, but with a serious bias judgment will not ease the opposition between North and south, but increased the North South confrontation, and damage to the federal constitutional authority, with the original constitutional mechanism failure, eventually lead to a civil war. After paying the cost of blood, the federal system was rebuilt, slavery was abolished, the constitutional development American also had important turning.

1865Years --1937The sensitive period of years: the government's handling of economic relations

Whether the federal government should intervene and economic management of the debate is really about the purpose and function of the government argued, this is a constitutional history USA has perpetual significance topic. From the end of the civil war to the early New Deal, this debate is particularly fierce. In this political context, the Federal Supreme Court of around government (including state and federal government) concluded several important questions about the nature and function of, these problems include: whether the federal government can intervene in the economy, the bottom line and the scope of intervention in where, what is the industrial era of free competition and public welfare standards, how to distinguish between private rights and public power. In this period, the Federal Supreme Court is mainly conservative control, using the power of judicial review, in the name of safeguarding the constitutional guarantee of citizen rights, the protection of private property rights, the maintenance of free competition principle, stop and reduce government intervention in the economy. Such as: the Federal Supreme Court restriction1887The provisions of the Interstate Commerce Commission railway freight rate power, greatly reduced1890Scope of Sherman antitrust law.

1899--1937Years, the Federal Supreme Court in184Case ruling state law unconstitutional, most state laws is to control the economic. Roosevelt's "New Deal" period, the Federal Supreme Court against the government controlled economy reached its peak.1935Years1Month16Ge Yuezhong, the Federal Supreme Court10With the new legislation about the case, announced8The new legislation.

In addition to start in the implementation of the economic co intervention and management, the federal government and the Federal Supreme Court in19In the late 19th century also began to intervene in religious education, immigration, Indians and residents USA colonial rights and other aspects of management. With the simultaneous development of the Federal Supreme Court of the conservative policy is the policy of apartheid southern states. In the1896The Plessica Ferguson case, the supreme court affirmed the constitutionality of the south of the policy of racial segregation, established the "separate but equal" race relations law paradigm. In Cummings v. Richmond School District Committee decision, refused to interfere with open discrimination against blacks public education policy. Many states also allow the deprivation of the right to vote. Women's voting rights in19The second half of 20th century is an important political issue, to1920Years8Month, the Nineteenth Amendment to the Constitution by the majority of state approved into law, women's political rights finally acknowledged the federal constitution.1924Years, the federal government will grant all Indian citizenship American territory. Many constitutional issues are elucidated and compromise through the Federal Supreme Court, the Supreme Court became the commander of the interests of society.

1938Years -- so far: the pursuit of individual freedom and social equality period

20During the century five, sixty time, by Warren led Federal Supreme Court in the elimination of racial discrimination, improve race relations, took a bold step. Have an important bearing on a series of decision USA modern civil rights movement and the triumph of the Federal Supreme court. Warren and Black, Douglas, Brennan jointly casting on Constitutional Revolution: the bill of rights is applied to the state; to make the generalized explanation for individuals to provide special conditions of security; application and interpretation of the civil war amendments; give up to race and gender on the "suspect" by any administrative or legislative. Distinguish; expand the scope of the right to vote, run for office and the right to fair representation; and other content related to personal freedom. In the1952The famous Brown v. Board of education of Topeka case, the Federal Supreme Court overturned the "separate but equal" principle, with a positive attitude to face the changed historical environment, the courage to make the desegregation decision, promote the American social progress. We should see, the Federal Supreme Court was finally able to make such a decision, is the result of many factors. Not the black masses of courage, not black and white lawyers NAACP's meticulous planning and rational in court is section of the fight, not many social scientists and their research results support, no similar Warren such justice sensitive and American social future concerns about political issues, the Brown case is not likely to succeed. The Brown decision on the rise of the civil rights movement plays a role of a catalyst. The Federal Supreme Court continue to take positive attitude, borrow the civil rights movement to bring American social political climate, continue to expand the protection of the rights of vulnerable groups, and also expand the federal civil rights, civil rights, the content of deepening. In the1964Years of "New York Times" v. Sullivan and1968Years of Tinker v. de Mei independent community school district in the case, the Supreme Court has greatly expanded the scope of protection of the freedom of speech.1965Years, the Federal Supreme Court for the first time in the case of Griswold to the right of privacy are defined, and it is listed as the Fourteenth Amendment and the Ninth Amendment to the constitution under the protection of the constitutional rights of citizens. To solve the problem of mechanism from the constitutional protection of the right of privacy. In the1961Years --1969Years, Warren Court almost all the bill of rights under the criminal procedure rights are incorporated into the protection of the Fourteenth Amendment to the constitution, this period came to be known as the "bill of rights of the federal". Mainly through MAPP v. Ohio (1961Years), Gideon Cawainwright case (1963Years, Maloy v. Hogan ()1964Years) and Miranda v. Arizona (1966Years) case implementation.

70In the early 1980s, Berg court is still extending the Warren Court liberal constitutionalism, but to70In the late 1990s, the Supreme Court began to become more conservative. Certainly the minority employment, education and other priority policy, for women's equality and freedom of speech, freedom of the press also have certain achievements.

1986Years later the Rehnquist Court, between the liberal and conservative boundaries increasingly blurred, during the New Deal period and the civil rights movement as far as the progressive era, so bright. This phenomenon also reflects the characteristics of the development of American constitutionalism since eighty. Because of the benefits of the combination is always specific and realistic goals, basic interests binding is not strong, coupled with frequent among the interests of staggered, too radical and conservative forces are not widely and lasting support.

John Roberts became the seventeenth president of the federal America chief justice of the Supreme court. The chief justice is a lifetime, so he may in the future decades exerted considerable influence on the American Federal Supreme court. USA opinion points out, the United States Supreme Court appointments, for a long time in the future America decisive significance in judicial trend. Because of USA implement is the British case law system, so the justices to the Supreme Court on the key decision is equal to the new law. American Federal Supreme Court judges are conservative majority, now by a conservative judge as chief justice, leading by the conservative ideas may be so American Federal Supreme Court for a long time in the future.

 

The dominant factor small role America Federal Supreme Court from a start not respected jumped to the big word can be said now is mainly due to the following factors:

1The constitutional framework, USA separation of three powers

The constitution of the United States third of the judicial power of the state to carry out the provisions of. Although the right of judicial power is in a weak position, but the founders always adhere to the restriction and balance of power between, to each other between the three rights make the various departments shoubenfen ann. America Federal Supreme Court in this special decentralization system gradually establish their own authority.

2The tradition of case law

USA inherited the law thinking of the English common law, USA Federal Supreme Court by a large number of cases of accumulation, constantly refresh the constitutional principle of the original, the ongoing value judgment and choice in the constitutional structure of each level, making American constitution was long enduring vitality, and meet the need of the development of new social reality. Each case reflects the legal theory and legal thought the major theme, American specific historical period of basic social reality and leading. Therefore, the history of the development of American constitution is mainly America Federal Supreme Court case history, the Federal Supreme Court is the current spokesperson constitution, fundamental limits stipulated in the program and the basic idea of the constitution to be respected, the Federal Supreme Court became calm thinking place. Can say, to a certain extent, the Supreme Court has been in shape USA.

3, the pioneering spirit of the rich

The America Federal Supreme Court, boundaries between the three rights are vague, such as interpretation and judicial review of the constitutional right of ownership is not conclusive, the Federal Supreme Court distinguished judges in the case skillfully fuses these powers in the bag, and laid a solid foundation for the Supreme Court has play a decisive role in future position. After the abolition of apartheid, and the protection of human rights, the justices led by Warren are also out of the brave step, showed extraordinary courage and mind.

Now, the official titles justices to the Supreme Court are usedJustice(Gong Zheng), rather than the commonly usedJudge(judge), the status of the sublime, the Americans regard them as the guardian of freedom of the individual is widely conferred by the Constitution and to solve major national debate arbitrator, justice is all through the law lords and political elite thoroughly tempered, they always stand in between history and reality, size up the situation, with Jin Jian's method the marching direction, USA constitution, American constitution even progress and reform the smallest are deeply permeated with the judges deliberate wisdom and penetration, insight into the real force of the future.

4The spirit of compromise

American Federal Supreme Court between the legislative and executive power, and between the state and the people, to adapt to the different social background, provides the public as a major problem in every period of social exchange, in order to open the way to social problems, analysis to decision dismembered; form to the various interests to make value judgments, and weigh on a conflict of interest, the weakening of the social contradiction, promoting the overall progress of society.

Edit this paragraph relationship America is a federal country, in addition to the federal government has a mechanism, legislation, judicial and administrative separation of the three powers, the state also has independent union  The chair is tailor-made, so not the same height.

The legislative, judicial, administrative agencies have. In the "constitution" of the United States of America before concluding, American only13States "Confederation", due to the loose confederation of the States trade war or armed conflict, a representative number of state held a constitutional convention, to seek a "constitution" of the United States to change the tense situation. Because the state is not because of "constitution" of the United States of America produced, but in the "constitution" of the United States of America entered into before they have legal existence, so each state has its own constitution and laws of the state, "the constitution of the United States" also stipulates, the Constitution did not authorize the federal government also did not prohibit the state and its people's exercise of rights the retained by the state and its people. American state image is a "small", the administrative institutions of state than the federal government, about America judicial system, can be said to have USA51A judicial system (49States and1A Columbia zone into the system, coupled with the federal law system). Therefore America court adopt dual track system, the federal and state courts also exist and do not belong to each other(Apart from the constitution article14Amendment "equal protection clause" which requires States to respect the constitutional rights of certain)The state has the power of final adjudication, on non federal cases. But when it comes to the "constitution" of the United States of America litigation, the parties shall have the right to appeal to the Supreme Court case has been.

Edit this paragraph only neutral1Tenure, the judge as long as loyal to their duties, be tenure, shall not be removed without the impeachment, but also to start impeachment proceedings is very difficult. For life  Front Gate on the left side of the sculpture "contemplation of justice"

Can guarantee the judge free from administrative agencies pressure (does not appear such as the judge's decision not to obey the will of the government, the government will be demoted or removed from office punishment), ensure judicial avoid leaning to either side, when the government to become a party to a lawsuit, the judge did not violate the law and conscience to make favorable and government decision.

2The appointment system, USA Federal Supreme Court is not elected by the people, but by the Senate confirmation and approval, the president can appoint.

The judicial authority can not be simply the head to give (elected), judge not to vote, but through the selection process to select special, because of the special qualification is extremely important in the member, so the main consideration should be the choice that can ensure the qualification selection mode. Because in this sector is for life, so is quickly to eliminate all appointed their power dependence of thought. Therefore, although the Federal Supreme Court is composed of a Senate nomination and agree, appointed by the president, but once the nominee when the tenure of judges, they no longer obey the original party, the president, the Senate will come to trial.

The judge is neutral, neither the government nor the people of bias, bias. Therefore, a truly neutral judge in addition to independence and government, also should be independent of public opinion and public opinion, faithful and Law (a judge in order to prevent the impact of the case by the public opinion of the ruling First impressions are strongest  Front Gate on the right side of the sculpture "legal guardian"

Who do not read newspapers). This is a division of occupation, although American is the traditional democratic government, but the Frenchman Tocqueville mentioned defects in democracy in the "on" (America democracy in the tyranny of the majority), the essence of democracy, is that most of the government is absolute, because in a democratic system, who have to fight not many. But compared with the general public do not understand the law, judges are more familiar with the legal procedure, the rule of law, people will be deceived, so all is not reliable, this is actually a occupation division, as the judge can't go when the football referees, because the rule of law, football did not understand, also in the process of lawsuit people may not like the law, like the judge, so people as a spectator in the case is not deceived and recognize the error, and often is due to non occupation of the concept of the legal affairs of the stranger, that they can not make a correct judgement on the case law. Americans give auctoritas and the influence on the government imposed, is American today most strong barriers to prevent democratic off track. The most touching, despite its passion, its initiative to inspire people, cannot in all parts of the country in the same way at the same time enables all citizens to obey his will. The judge ruled by the law unconstitutional (judicial review) to prevent tyranny to democracy.

3The system of high salary and salary can not be laid off, it can eliminate the government (Congress) to do some small action (as by cuts in pay, make the wrong judgment, to comply with government intention.) To control the judge.

Judicial cases1The case of Marbury v. Madison (1803)-The establishment of judicial review system  Front Gate on writing a word:Fairness and justice under the law

  On the west side of the front entrance of bronze doors, each door weighs six and a half tons.

2Dartmouth College v. Woodward (1819)

3Marcano v. Maryland (Lanzhou case1819)

4Gibbons Caogden case (1824)

5Scott v. Sanft (1857)

6From the Merriman Milligan case to case

6Yi and V. Hopki (1886)

7Northern Securities Co. v. America case (1904)

8Several cases about the labor rights and interests

9The salute to the flag and the "pledge of allegiance" a number of cases

10During the Second World War, Japanese Americans detained

11Brown Catopica case (Education Management Committee1954)

12Engel v. (Wye stepped case1962)

13Bekca Karl case (1962)

14Gideon Cawainwright case (1963)

15"New York Times" (v. Sally1964)  USA Federal Supreme Court

16Miranda v. Arizona (1966)----The establishment of Miranda rules

17Roe v. Wade (1973)

18American v. Nixon (1974)

19California university board (v. Bakke case1978)

20Texas v. Johnson (1989)---The establishment of Americans can burn American flag

21Rodney.Gold v. Losangeles City Police Department (case1992)

22Football star Simpson is suspected of murder (1995)

23Bush v. Gore (2000)

24America Microsoft case (v.2001)

 

Digital judge John Marshall

Chief Justice

Marshall (1.JohnThe reign of time1801-1835)

3.Earl Warren(in time1953-1969)

5.William Rehnquist(in time1986-2005)

Warren.Earl WarrenCourt.

1Stewart

2Haran

3Brennan

4White

5Douglas  Warren(Warren)The court Stewed Assorted Delicacies

6Black

7Warren

8Frank Ford

9Clark

Rehnquist.William RehnquistCourt

1Ginsberg

2Souter

3Thomas (African American judge)

4Breye

5Scalia

6Stevens

7Rehnquist

8O Conner  Rehnquist(Rehnquist)The court Stewed Assorted Delicacies

(the Federal Supreme Court's first female judge)

9Kennedy

(reproduced in Baidu Encyclopedia)