Supreme Court Review

Not to be confused with Judicial review in the United States.

The Supreme Court Review (SCR) (ISSN 0081-9557), has been published by the University of Chicago Press since 1960. Its editors are Dennis Hutchinson, David A. Strauss and Geoffrey R. Stone, faculty members at the University of Chicago Law School. Since first being released in the 1960s, The Supreme Court Review has won acknowledgement for providing a consistently, accurate surveys of the Court's most compelling decisions. According to The University of Chicago School of Law, Supreme Court Review is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists. These Reviews and/ or Surveys are published annually in the Spring; According to The University of Chicago Law School of Law, editorial decisions are made twice a year, once in June and then later on again in September for volumes to be published in the following Spring. Authors have the opportunity to fix or change technical errors as well as update citations no later than January. The SCR also accepts volunteered manuscripts, meaning if you would like to submit a Supreme Court Review, you can do so. However, there needs to be three hard copies submitted to Dennis Hutchinson at 111 East 60th Street, Chicago, Illinois 60637. Even though the majority of authors have legal backgrounds, the SCR is always looking for fresh ideas and opinions from historians, political scientists as well as other scholars who critique decisions as well as institutionalized behavior of the Court. According to The University of Chicago School of Law, the Review is published by The University of Chicago Press, which owns the legal copyright for the entire contents of each volume; authors are understood to retain an equitable copyright in their work, and indeed articles frequently form the basis of more extended publications at a later date. Access to past issues of the Supreme Court Review are available via JSTOR.[1]

According to Article III Section 1 of the Constitution, established and provides main duties of the Supreme Court. To give some background, there are nine court Justices whom are elected by the president of the United States and approved by the United States Senate, in order to take the bench. Typically, Justices serve their whole life on the bench, due to the court justice position being a life term, under good behavior. The Supreme Court is also known as the Law of the Land due to the Supreme Court to decide the final verdict. The Supreme Court receives thousands of appeals from cases that have already been decided by lower courts, however, the Supreme Court chose which cases they want to hear and try. Out of the thousands of request they receive, the Supreme Court only hear and try less than 25% of cases. In fact according to the Certiorari Act of 1925, it gives the Court the discretion to decide whether or not to hear or try a case. In a petition for a writ of certiorari, a party asks the Court to review its case. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases that it is asked to review each year.[2]

The best known power of the Supreme Court of the United States is the judicial review, which entitles the Court to declare a Legislative or Executive act in violation of the Constitution, however, this is not listed in the Constitution itself. The Court-based this doctrine in the case of Marbury v. Madison(1803). [ According to the Judiciary Act of 1789, it gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). A suit was brought under this Act, but the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in this matter. Since Article VI of the Constitution establishes the Constitution as the Supreme Law of the Land, the Court held that an Act of Congress that is contrary to the Constitution could not stand. In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution. Before the passage of the Fourteenth Amendment (1869), the provisions of the Bill of Rights were only applicable to the federal government. After the Amendment's passage, the Supreme Court began ruling that most of its provisions were applicable to the states as well. Therefore, the Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.[3]

References

  1. ↑ Hutchinson, Dennis J., David A. Strauss, and Geoffrey R. Stone. "The Supreme Court Review." The Supreme Court Review. University of Chicago School of Law, n.d. Web. 30 Apr. 2015.
  2. ↑ "About the Supreme Court." USCOURTSGOV RSS. Administrative Office of the U.S. Courts on Behalf of the Federal Judiciary, n.d. Web. 30 Apr. 2015.
  3. ↑ "About the Supreme Court." USCOURTSGOV RSS. Administrative Office of the U.S. Courts on Behalf of the Federal Judiciary, n.d. Web. 30 Apr. 2015.

External links

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