A sharply divided Supreme Court has ruled that the Biden administration overstepped its authority in trying to cancel or reduce student loan debts for millions of Americans.
The power most people know the Supreme Court for is “judicial review,” the ability to decide if existing legislation is constitutional. This power is not actually granted to the court by the Constitution, but it has been traditionally wielded by them since a precedent was set by Marbury v. Madison.
Otherwise, they’re a trial (for disputes between states, involving ambassadors, etc.) and appellate court for cases that reach them and are granted certiorari, such as this case (actually two cases, Biden v. Nebraska and Department of Education v. Brown). So, in those cases, they decide if actions are legal, based on existing law. That is not legislating, as legislating is literally law making.
Thanks for your reply! Fascinating that the constitution does not grant the power to the Supreme Court. Was an amendment added? Or is it functioning, at least in part, on precedent?
No amendment was added. Rather, it’s implied by the Article III establishing judicial responsibilities regarding cases needing to be judged based on law, combined with the supremacy clause in Article VI establishing that the Constitution is the supreme law of the U.S.
The power most people know the Supreme Court for is “judicial review,” the ability to decide if existing legislation is constitutional. This power is not actually granted to the court by the Constitution, but it has been traditionally wielded by them since a precedent was set by Marbury v. Madison.
Otherwise, they’re a trial (for disputes between states, involving ambassadors, etc.) and appellate court for cases that reach them and are granted certiorari, such as this case (actually two cases, Biden v. Nebraska and Department of Education v. Brown). So, in those cases, they decide if actions are legal, based on existing law. That is not legislating, as legislating is literally law making.
Thanks for your reply! Fascinating that the constitution does not grant the power to the Supreme Court. Was an amendment added? Or is it functioning, at least in part, on precedent?
No amendment was added. Rather, it’s implied by the Article III establishing judicial responsibilities regarding cases needing to be judged based on law, combined with the supremacy clause in Article VI establishing that the Constitution is the supreme law of the U.S.