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United States: at the source of the power of the Supreme Court

2020-10-16T20:09:48.723Z


ANALYSIS - Originally it did not have the prerogative to assess the constitutional conformity of laws passed by Congress.


The United States Senate has begun public hearings with Amy Coney Barrett, a conservative-sensitized judge proposed for his assent by Donald Trump to sit on the Supreme Court.

We know that the role of its nine members is in particular to assess the conformity with the Constitution of laws adopted by Congress.

But it is little known that this formidable prerogative did not appear in the Constitution of the United States of 1787. Article III of the quasi-sacred text which governs American institutions does not say a word.

The constituent had admittedly conferred on the Supreme Court several crucial missions (for example to rule on the disputes between two States of the country), but not that which bases its power today: the right of life and death on the legislation voted by the representatives and senators.

Read also:

How the Supreme Court has turned to the Republican side since the election of Donald Trump

This power was wrested by the Supreme Court in a famous judgment, Marbury v Madison (1803).

This court decision gave American institutions the face that

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Source: lefigaro

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