Saturday, August 7, 2010

How would life in the United States be different if people could not appeal cases to the Supreme Court?

lots of examples please!!! :)How would life in the United States be different if people could not appeal cases to the Supreme Court?
More importantly, what if the Supreme Court couldn't rule that laws are unconstitutional and therefore void?


Until Marbury v. Madison, it wasn't clear the Court had this power; in that case the Court ruled it did have that power (interesting, huh? ruling that you have a power without anything in the Constitution explicitly saying so).





If the Supreme Court couldn't rule laws unconstitutional, then the Constitution would have no teeth, and the country would have had to be reformed long ago. Imagine a law saying ';No citizen may speak disparaging of the current President of the United States.'; Without Marbury, the Court might say ';That law violates the First Amendment, but since we have no power to overrule it, it stands.';





As for having the ability to appeal to the Supreme Court:


First, it only applies to questions/issues dealing with federal law or of constitutional dimensions. For instance, if you are convicted of a state crime, unless you can somehow claim that your constitutional rights are violated by the law (or conviction, or procedural process, etc.), then you can only go as high as the state supreme court. However, since the Supremacy Clause means that even a lowly federal regulation (not even a law) can overrule a state's constitution, there is almost always a 'hook' allowing a lawyer to bring a case into federal jurisdiction.





Second, without the ability to appeal to the highest court in the land, each circuit court would de facto be the highest court in the circuit. This would lead to different interpretations of the law in, say, Maryland and New York and Nevada and Florida... By being able to appeal to a Supreme Court, when circuits split on interpretations of the law, the Supreme Court can step in and take a case, and by deciding a certain way say ';No, this is the correct way to interpret the law; some of you circuits were right (or almost right), and some of you circuits were wrong. From now on, all you circuits (and districts, and state courts where appropriate) will read the law like we do in this case.';





Third, the Supreme Court has original jurisdiction over cases between states. For instance, right now Delaware and New Jersey are arguing over boundary rights based on the original charter granted to Delaware by William Penn before the USA was created. Any argument between states automatically starts out at the top, before the Supreme Court (albeit with some pre-trial mediation). If there was no Supreme Court, states would be forced to fight it out, possibly with their National Guards, over these types of issues.





That's all I can think of off the top of my head. Hope this helps.How would life in the United States be different if people could not appeal cases to the Supreme Court?
Court judge could rule without reguard for the case being overturned by a higher court. They also make sure any newly passed laws do not have conflict with other laws or the constitution.
You would not have your rights read to you. (Miranda v. Arizona)





You would not have the right to an attorney (Gideon v Florida)

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