Table of Contents
The U.S. Supreme Court is the nation’s top arbiter of justice. It has the final authority, provided by the Constitution, to hear appeals to most cases judged in the federal system and some decided in state courts.
Gov Ch 3
|The president can check Congress by this power.||veto|
|This branch of government is the final authority on the Constitution.||Supreme Court|
|This gives Congress the right to make all “necessary and proper” laws.||elastic clause|
Who is the final authority to interpret law?
Article 1 Section 11 of our Constitution makes it clear that the Supreme Court is the final authority of interpreter of our constitution and even otherwise, the authority to interpret laws lies with the judiciary since that is their primary function.
What is a federal system of government?
Overview. Federalism is a system of government in which the same territory is controlled by two levels of government. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.
What are the three levels of federal court?
Within the federal system, there are three primary types of federal courts: 94 District Courts (trial courts), 13 Courts of Appeals (intermediate appellate courts), and the United States Supreme Court (the court of final review).
What powers do states have that the federal government does not?
Powers Reserved for the Federal Government Article I, Section 10 of the Constitution of the United States puts limits on the powers of the states. States cannot form alliances with foreign governments, declare war, coin money, or impose duties on imports or exports.
Who would be the final authority on many issues?
The State Supreme Court has final authority over State law matters, even when the core issue involves a federal statute such as Section 218.
What are the 3 main responsibilities of the federal government?
The federal government’s “enumerated powers” are listed in Article I, Section 8 of the Constitution. Among other things, they include: the power to levy taxes, regulate commerce, create federal courts (underneath the Supreme Court), set up and maintain a military, and declare war.
The Supreme Court
As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution. The Supreme Court is “distinctly American in concept and function,” as Chief Justice Charles Evans Hughes observed.
Is stare decisis binding?
Under the rule of stare decisis, courts are obligated to uphold their previous rulings or the rulings made by higher courts within the same court system. Therefore, decisions that the highest court makes become binding precedent or obligatory stare decisis for the lower courts in the system.
What is an example of a federal system of government?
Federal System Power is shared by a powerful central government and states or provinces that are given considerable self-rule, usually through their own legislatures. Examples: The United States, Australia, the Federal Republic of Germany.
What results from the federal system of government?
Under federalism, each level of government has sovereignty in some areas and shares powers in other areas. For example: both the federal and state governments have the power to tax. Only the federal government can declare war.