Main content Court Role and Structure Federal courts hear cases involving the constitutionality of a law, cases involving the laws and treaties of the U. The federal judiciary operates separately from the executive and legislative branches, but often works with them as the Constitution requires. Federal laws are passed by Congress and signed by the President. The judicial branch decides the constitutionality of federal laws and resolves other disputes about federal laws.
Establish a federal government for the United States of America Delegate to the federal government certain, limited and enumerated powers.
The Constitution was written by the thirteen original states. The federal government created by the states, via the Constitution, exists to serve the states.
Until the states delegated some powers to the new federal government, those powers belonged to the states. The states, of course, delegated only some of their powers to the federal government while retaining most of their powers for themselves.
It is important to recognize that the states are the "boss" of the federal government! The states "hired" the federal government and set forth the rules as to how it should operate. The Constitution is a list of those rules. Just as a manager is expected to enforce company rules to manage employees, it is the responsibility of the states to enforce the Constitution to manage the federal government.
The Supreme Court, being itself part of the federal government, has an obvious conflict of interest.
Yes, it pretends to enforce the Constitution against the Executive and Legislative branches, but who will "manage" the Supreme Court? Who will watch the watchers? The states are the rightful and logical enforcers of the Constitution. It helps to keep this in mind in the discussion which follows.
The founders considered your rights to be "God-given" or "natural rights" — you are born with all your rights. The constitution does, however, protect your rights by: Limiting the powers of government by granting to it only those specific powers that are listed in the Constitution; This has not proven to be effective of late.
Enumerating certain, specific rights which you retain. These are listed in the Bill of Rights.
The rights deemed most important by the founders are specifically listed in the Bill of Rights. The Bill of Rights also says that, even though a particular right is not listed in the Bill of Rights, you still retain that right. Any powers not specifically delegated by the Constitution to the federal government are retained by the states and the people you.
So, without the Constitution, the states and the people have all the rights and there is no federal government. With the Constitution, the states and the people keep any rights not specifically delegated to the federal government by the Constitution.
The Constitution states this very clearly. Unfortunately, the government today seems to recognize only those rights specifically listed in the Bill of Rights and even these often receive little more than lip service, when your rights interfere with some government objective.
The federal government, having been created to serve the states and the people, has degraded to the point that it is more concerned with perpetuating itself than with carrying out its constitutionally delegated duties. Rather than serving you by protecting your rights, as charged by the Constitution, the government has goals and objectives of its own, often in conflict with your rights.
While you may have all the rights the Constitution specifically says sothe government has all the power.State supreme courts are completely distinct from any United States federal courts located within the geographical boundaries of a state's territory, or the federal United States Supreme Court (although appeals, on some issues, from judgments of a state's highest court can be sought in the U.S.
Several government officials in southern states, including the governor and legislature of Alabama, refused to follow the Supreme Court's Brown v. Board of Education decision.
They argued that the states could nullify federal court decisions if they felt that the federal courts were violating the Constitution. Since Article Three of the United States Constitution stipulates that federal courts may only entertain "cases" or "controversies," the Supreme Court cannot decide cases that are moot and it does not render advisory opinions, as .
Supreme Court Background Article III of the Constitution establishes the federal judiciary. Article III, Section I states that "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.".
The Supreme Court has a special role to play in the United States system of government. The Constitution gives it the power to check, if necessary, the actions of the President and Congress. The main purpose of the Supreme Court in the United States is to make sure that the Constitutional laws are being upheld.
They review court cases to see if the rights or other things within the.