validate a descrimination on the basis of ancestry
5, 6, and 14.
Any court, even a lower state or federal District Court, can find a federal law that is relevant to a case or controversy before that count unconstitutional, if the court has a rational basis for making such determination. These cases often end up being petitioned to the US Supreme Court for a definitive answer.
It is the basis for the excersie of judicial review
No, eight of the nine members of the current Court served as US Court of Appeals Circuit judges prior to being elevated to the Supreme Court, and Justice Sotomayor has also served as a District Court (trial) judge. The newest justice to join the Court, Elena Kagan, is the lone exception; she has served as US Solicitor General, Associate White House Counsel, Dean of Harvard Law School, and as a Law Professor, but had no judicial experience prior to taking the Oath of Office on August 7, 2010. Having prior judicial experience is not a constitutional requirement, but a fairly recent trend toward seating justices with prior judicial experience for practical purposes. It was less common in the past to select candidates with judicial experience. At one time, members of the Court were more likely to be selected from the political ranks: former Senators, House members, cabinet members, State Governors, and members of State legislature were well represented. Some past justices had made distinguished careers as lawyers, and were selected on the basis of their legal reputations. Kagan was US Solicitor General immediately prior to her nomination, the first justice in 40 years not to have experience on the bench. There are no constitutionally mandated qualifications for Supreme Court Justices; however, all 112 past and present members of the Court are, or have been, lawyers.
The Constitution
validate a descrimination on the basis of ancestry
5, 6, and 14.
No. The nine Lochner-era justices Roosevelt inherited from earlier administrations opposed most of his New Deal legislation, declaring six of the eight major Acts unconstitutional. The 1935 and 1936 Terms were especially brutal, but the Court began to shift toward a more progressive stance in 1937, as the older justices retired and were replaced.Roosevelt appointed eight new, liberal, justices between 1937 and 1943, beginning a progressive era that lasted into the 1970s.
In my experience the position is on a rotating basis shared equally by all judges assigned to the court.
Any court, even a lower state or federal District Court, can find a federal law that is relevant to a case or controversy before that count unconstitutional, if the court has a rational basis for making such determination. These cases often end up being petitioned to the US Supreme Court for a definitive answer.
It is the basis for the excersie of judicial review
It formed the basis for the need of Judicial review.
It is a concurring opinion. If there is no disagreement with the basis, the justice is included in the "majority opinion." In some cases, concurring opinions can become plurality decisions.
Absolutely, yes. The US Supreme Court has overturned many lower court decisions on the basis of unconstitutionality of the law, as written or applied, or something that occurred in the legal process.
No, eight of the nine members of the current Court served as US Court of Appeals Circuit judges prior to being elevated to the Supreme Court, and Justice Sotomayor has also served as a District Court (trial) judge. The newest justice to join the Court, Elena Kagan, is the lone exception; she has served as US Solicitor General, Associate White House Counsel, Dean of Harvard Law School, and as a Law Professor, but had no judicial experience prior to taking the Oath of Office on August 7, 2010. Having prior judicial experience is not a constitutional requirement, but a fairly recent trend toward seating justices with prior judicial experience for practical purposes. It was less common in the past to select candidates with judicial experience. At one time, members of the Court were more likely to be selected from the political ranks: former Senators, House members, cabinet members, State Governors, and members of State legislature were well represented. Some past justices had made distinguished careers as lawyers, and were selected on the basis of their legal reputations. Kagan was US Solicitor General immediately prior to her nomination, the first justice in 40 years not to have experience on the bench. There are no constitutionally mandated qualifications for Supreme Court Justices; however, all 112 past and present members of the Court are, or have been, lawyers.
On a regular basis the justices meet in a special conference room by themselves. They discuss cases with each justice having an opportunity to give his opinion why the case should be decided one way or another. At the end of the discussion a voice vote is taken and the determination whether the lower court decision is affirmed or reversed is decided then and there. If the Chief Justice is in the majority, he decides whether he will write the court's opinion or have one of the associate justices of the majority write it. If the Chief Justice is not in the majority, then the senior associate justice within the majority decides whether he or she will write the court opinion or delegate the writing to one of the other associate justices in the majority.