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Discuss the powers of the Supreme Court in the USA.

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In the U.S. governmental system, the Supreme Court potentially exercises the highest power.

Some important powers of U.S. Supreme Court are given below :

As the Interpreter of the Constitution: The Supreme Court acts as the final interpreter of the constitution. Its interpretations of the constitutional provisions are “considered inherently superior and final”.

The Supreme Court determines as to whether a law is in conformity with the constitution or not. As the final interpreter of the constitution, the Supreme Court possesses the power to strike down any portion of law from the statute book if it is to be found in conflict with the constitution. It is thus the power of the Supreme Court to judge the constitutionality of any law or executive action. The Supreme Court has built up the doctrine of ‘Judicial Supremacy’.

As Guardian of the Constitution: The Supreme Court is the protector and guardian of the constitution of the United States and also the protector and guarantor of the rights of the American citizens. The Supreme Court has the power to declare any law Ultra vires if, in its opinion, the law is not in conformity with the constitution. As a guardian of the constitution, it keeps the powers of various organs and functionaries of the government within their respective spheres of activities.

As an agency for the Development of the Constitution: The Supreme Court has an important role towards the development of the constitution. By the power of Judicial Review, The Supreme Court always interprets the constitution to meet the needs of the time. This power also enables the Supreme Court to ensure that the acts of legislature and executive orders do not violate the provisions of the constitution. The transformation of USA as the top industrialized and technologically advanced country in the comity of modern states has been possible due to the interpretation and development of the constitution as a harbinger of progress and the credit for it goes to none other than the Supreme Court. Its interpretation has helped the federal government to become more powerful and play a leadership role in the developmental process.

As the Guardian of Fundamental Rights : The Supreme Court has always acted as the custodian and protector of Fundamental Rights and Freedoms of the American people. The Supreme Court has always maintained the doctrine of ‘clear and present’ danger. It means, ‘any law restricting the right of freedom of speech, press, religion and assembly would be declared invalid unless it is shown that limitation thereon is justified because of ‘clear and present danger’ to the public security. The concept of inequality and segregation in the field of education was declared illegal by the Supreme Court in 1954. The Supreme Court has to its credit many decisions which uphold the concept of liberty and rights.

Power of Supreme Court in Law-making: The Supreme Court has the power to make a new law or make any changes over any existing law. This power has made the Supreme Court ‘not merely a court of law but also a law-making body’ indeed a third house of legislature. It has also the power to reject any law. “The Supreme Court has no legislative initiative but acting negatively it sets the framework within which the legislature must work”. This has made the Supreme Court a super legislature.

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