The Supreme In Supreme Court Icivics Answer Key
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Q. What happens if the Supreme Court has a say in the matter? A. We need to remember that the Supreme Court is not elected. Judges are elected to the Supreme Court and in turn have lifetime tenure. No one can be removed from the Supreme Court.
It is necessary for the Supreme Court to recognize that the Constitution is the supreme law of the land. If the Supreme Court states that the Constitution can be changed by popular vote, how can that be considered the supreme law of the land? The Supreme Court must understand that the Constitution is the supreme law and needs to be protected.
The difference is that Supreme Court Justices are not guaranteed an easy way to stay on the Supreme Court. They must win re-election and are elected by the people of their state. As a result, we need to have all Justices of the Supreme Court committed to upholding the Constitution.
There is no question about the power of the Supreme Court. It is all laid out in the Constitution and can be found in the McVey case. The Tenth Amendment of the U.S. Constitution provides that all powers not specifically granted to the federal government are reserved to the states or the people. The Tenth Amendment is not a limitation on the Supreme Court as it is not a power granted to the Court.
Any citizen can go to the courtroom of a judge who is not serious about the Supreme Court and tell the judge that the Constitution is not the supreme law of the land. Of course the judge will not allow that to happen.
I have been representing clients in various jury trials for over five years. When a judge tells a jury that the Constitution is not supreme, it creates an unfair competitive advantage for the defendant.
Further, when the Court holds a law unconstitutional, it means that the Court found the law to be contrary to the terms of the Constitution, not that the law is illegal (i.e., unconstitutional) as a matter of abstract justice. In other words, the Court recognized the law as constitutional, and found that it did not comply with the constitutional terms.
But when a law is unconstitutional, it is not automatically invalid. The constitutionality of the law is a matter of constitutional interpretation. The Court has accepted the principle, and often decided cases on the basis of the constitutional language. When the Court does this, it exercises its power of constitutional interpretation.
Right now, by our own law, the Articles of Amendment of the Constitution of the United States are the supreme law of the land. But what happens when the Supreme Court can overrule a state and then the Supreme Court itself can be overturned?
Q. Do you see a situation that could be like that? A. Yes, I do. The Constitution was made to be the supreme law. And that means it must be the supreme law, and not to be overruled. That is the only way it can work. But the Government has the power to set up subordinate and secondary laws that can be overruled by the constitution. So if the court that has the final say on the Constitution overrules the Court of Appeals and the Supreme Court - which is about to happen now - the Congress can pass a law that will take the place of the decision of the Court of Appeals and the Supreme Court. Q. So basically, the Constitution is not the supreme law? A. Yes, that is the basic theory of our government. The basic theory of our government is that there shall be one law - one supreme law - and that law is the Constitution. 827ec27edc