The Supreme Court and Constitution of the US Essay Sample
A limited time offer!
Get a custom sample essay written according to your requirements urgent 3h delivery guaranteedOrder Now
The Supreme Court and Constitution of the US Essay Sample
The Supreme Court, which is the judicial arm of the government, functions as the interpreter and arbitrator of the Constitution of the US. Essentially, the court rules, or adjudicates, on the previous rulings challenged for their constitutionality. Hence, the Supreme Court is the final court of appeal in the US from inferior federal courts or from state courts in case the constitutional issue is involved. Procedure from Trial to Supreme Court It is critical to understand beforehand that not every case can be heard by the Supreme Court of the US.
So as to be heard, a case must involve issues of federal law or rather fall within the jurisdiction of the federal courts. Any case that involves singly an issue of parties within a state, or just state law will likely stay within the state court system and in this case, that state’s Supreme Court would be the last resort CITATION Tho171 \l 1033 (Reuters, 2017). In case the case is capable of being heard by the Supreme Court of the US, the first step, often, is to file a lawsuit in the local state or federal court.
The trial judge must then hear evidence and table legal arguments from each party before making a decision. Should the judge decide all or part of the case against a party, one can then appeal to a higher court. One can proceed to U. S. Supreme Court after appealing as far as possible. One will then prepare a “petition for certiorari” as the next step of appealing to the Supreme Court since the Supreme Court will use this document to decide whether to hear a case. Factors the Supreme Court Must Considers When Hearing Cases
The Supreme Court listens to cases that speak to the Justices’ Interests: at times, the Justices would listen to a case that decide an issue in their favorite area of law. The Supreme Court hears Important cases: At times, the Court will consider a highly unusual case like that of U. S. v Nixon (regarding the Watergate tapes) or Bush v. Gore (regarding the extremely close election in 2000), or a case with a significant social issue, like that of abortion in Roe v. Wade. It hears cases to resolve the Conflict of Law: There are 13 federal circuits and 50 state supreme courts in the U. S.
judicial system. In case a number of such courts reach different conclusions regarding an issue of constitutional or federal law, the Supreme Court can step in to decide the law to streamline all areas of the country to operate under the same law. It hears Cases when the Lower Courts Disregard the past Supreme Court decisions: In case the lower court deliberately disregards a past Supreme Court decision, then the court may hear the case to correct the lower court, or as an alternative, it may overrule the case without any comment. Example of Case the Supreme Court Has recently Accepted
The Supreme Court has recently accepted the challenge to the warrantless collection of the historical cellphone location data, deriving from a case that has the possibility of curtailing United States government surveillance and enlarge American privacy rights CITATION Ste17 \l 1033 (Nelson, 2017). The court granted certiorari to the case, Carpenter v. U. S. , on the appeal from the U. S. Court of Appeals for 6th Circuit, which established that police did not require a warrant based on the probable cause to collect the 127 days of cellphone records from MetroPCS and Sprint.
It was found that Timothy Carpenter was guilty of taking part in six Michigan robberies after the government stated those cellphone records – which comprised the geographic location and calls made – placed Timothy close to the four of the crime scenes. Timothy was sentenced to the prison for the period of 116 years. Federal courts have produced mixed reactions and rulings on whether the Fourth Amendment mandates police to get a warrant. Though the authorities claim that a warrant is not necessary in Carpenter’s case, just like the 1979’s Supreme Court ruling in Smith v.
Maryland states that persons have no expectation of privacy over the information voluntarily given to companies. This third party doctrine of Smith v. Maryland dealt with a short period of landline records, and associated cases could also apply to some internet and banking records. The doctrine has been used to justify the mass surveillance by the federal government this is to include the National Security Agency’s now-curbed dragnet of U. S. call records.
One of Carpenter’s attorney’s Harold Gurewitz, states “it is certainly time for the court to review the prior cases that have been relied upon in our case. I think it is extremely important because of the overwhelming presence of cellphones in the lives of Americans,” Harold puts. Carpenter was also represented by other attorney like Nathan Freed Wessler, who is a lawyer for the American Civil Liberties Union and has been directly involved in several lower-court fights on historical location data. This is how Wessler stated in defend for Carpenter:
“The vast majority of Americans carry cellphones with them in their everyday lives, and the question posed by this case is whether the traditional protections of the Fourth Amendment – including a warrant – will apply to prevent the pervasive location-tracking of any one of us,” Wessler says. After all the advocacy by attorney, the privacy advocates can now put on a sime since the Supreme Court in 2014 stated that police generally would need a warrant to search the cellphones of people that are arrested. In fact, 2012, in Jones v. U. S. case, the high court ruled that police needed a warrant to attach a tracking device to a car.
Nelson, S. (2017, JUNE 05). Major Cellphone Privacy Case Accepted by Supreme Court. Retrieved from US NEWS: https://www. usnews. com/news/articles/2017-06-05/supreme-court-accepts-major-cellphone-privacy-case Reuters, T. (2017, July). How Does the U. S. Supreme Court Decide Whether to Hear a Case? Retrieved from FINDLAW: http://litigation. findlaw. com/legal-system/how-does-the-u-s-supreme-court-decide-whether-to-hear-a-case. html