The Supreme Court
The Supreme Court counts as the highest court of the nation in the United States Federal judiciary system. In the opinion of Article III of 1789, as in the Constitution of the United States, the Supreme Court was created. It has a primarily discretionary authority and is appeal over the other federal courts, as the supreme court. In comparison, the Supreme Court holds the final precedent over state court litigation regarding small size cases and federal law concerns. The Court is made up of eight candidates for the presidency who are associate justices. These applicants go through the Senate's confirmation as a form of vetting. The court also consists of the Chief Justice, who is also subject to the same process as the associate justices. After the assumption of office, the justices have a life duty to hold their posts. This may also cease if there is impeachment, resignation of if they decide to resign from their positions.
Judicial Review
The judicial review is one of the best-known powers of the Supreme Court. It is the ability of the court to institute a legislation involving an executive or a legislative act that involves the violation of the constitution. The establishment of this doctrine as part of the law was in the course of the Marbury V. Madison case in 1803. The doctrine was put in place to prevent political or public influence over the rulings that the court makes. However compelling the Supreme Court is, the branches of the government limits its powers. The judges of the Supreme Court undergo selection because it is a requirement of the constitution that guide the people of the United States including the President. The selection is through a merit process. That is to mean that an election may ensue after the selection. However, there may also be a non-partisan election involving selection without regard for the political beliefs they hold.
Protection of Minority Rights
The Supreme Court has a role protection of the rights of minorities. Through court rulings that cater for the well-being of the minorities, the court ensures that interest of minority groups are put into consideration. Also, the Constitution delegates certain rights and privileges to minorities, it is the duty of the Supreme Court to ensure the violation of these rights does not happen in any way whatsoever. Constitutional interpretation is the process by which the decisions that are legally binding made by any court have justifications in the constitution. The main controversial point when passing a verdict is whether it is or it isn’t consistently in line with the law. This is because the constitution is an act within its domain. Concisely, the principles of constitutional interpretation have an essential replica to those of the judicial and the statutory interpretation.
Methods of Constitutional Interpretation
There are seven methods of constitutional interpretation. They include; prudential, doctrinal, natural, equitable, textual, functional and historical methods. Through these ways, there is a guarantee into a fair interpretation process that serves all people equally. Judicial activism checks on the rulings that may be on the basis of political or personal considerations instead of the laws that exist. However, judicial restraint is a process that encourages the judges to limit their power. In so doing there is an assertion that they only strike down laws that are debatably unconstitutional.
Stire Decisis Doctrine
The stire decisis doctrine ensures that the court looks for rulings of past cases that had similar issues to help them pass verdict. These recent decisions are known as the precedent. About judicial appointments, public opinion and the politics are not given much attention since it is often dependent on what the constitution states. Judicial review prevents political or public influence over legal rulings and decisions.
