The Case Of The Admissibility Of The U.s. Supreme Court Decision

The U.S. Supreme Court is tired at the top of the pyramid of the administration of justice in the United States; it is playing such an important role that it can't be ignored in the world. In the United States, all kinds of politics, society, economic problems sooner or later will change into law problems, the judicial decisions as made by the Supreme Court always attract wide attention of the general public. Furthermore, the decisions made by the Supreme Court can't be overturned unless Parliament overthrows the decisions within the scope of the constitution and law or unite with states to draw up the constitution revision bill. But it is very difficult and the result is hard to anticipate. But why the U.S. Supreme Court has such tremendous power? We usually attribute that power to the judicial review. But after investigating the history of the U.S. Supreme Court, the writer think: The power of the U.S. Supreme Court not only lies in its judicial review power, but also lie in the power to decide what to decide. So, this paper studied the history of the power to decide what to decide, and made some tentative analysis to it. This paper consists of introduction, text, and conclusion. The text is five chapters in number. The introduction briefly states the reason of studying the power to decide what to decide and some basic theory of the power. The first chapter of the text mainly describes the power to decide what to decide came into being. At the beginning the U.S. Supreme Court was actually a federal appellant court. Along with the American political and economic developed, the U.S. Supreme Court accumulated the case seriously. There were various reform projects to resolve this problem at that time, but the Evarts act finally passed in the Parliament, this was Circuit Court of Appeal Act of 1891. That law established new federal Circuit Courts, sharing a part of appellant cases ruled by the Supreme Court; more important, it gave some power to decide what to decide in some special cases to the U.S. Supreme Court. The second chapter of the text mainly states the power to decide what to decide really established. As the American political and economy further developed, the Supreme Court faced serious tests of accumulate cases again in the beginning of 20 century. With the effort of chief Justice William Howard Taft, the Parliament passed The Judiciary Act of 1925. The law gave the Supreme Court the power to decide what to decide in big parts of cases. From then on the U.S. Supreme Court became a modern supreme court. The third chapter of the text mainly states the power to decide what to decide extended. Although the Judiciary Act of 1925 established the power to decide what to decide, there was a great deal of cases that the Supreme Court must accept. By requesting the appellants to hand over the jurisdictional statement and reducing the power of the lower court to hand on certification the Supreme Court extended the power. As the Supreme Court Case Selections Act passed by the Parliament in 1988, the U.S. Supreme Court accepted the power to decide what to decide in almost all cases. The forth chapter of the text mainly describes the operation of the power to decide what to decide. The party concerned should hand over the certiorari according to the Supreme Court Rule .The case handed over to the Supreme Court should suited for the court to take up, or can be decide by the court; The case should include important law problem or exist serious law conflict. According to the Rule of Four, the U.S. Supreme Court can accept the case. The fifth chapter of the text mainly states the importance of the power to decide what to decide. The power to decide what to decide is judicial discretion. There is conflict between a society ruled by law and judicial discretion. Because the power to decide what to decide is somewhat a kind of power without control, so it is not accordance with rule of law. The power also challenges the legitimacy of the constitutional review. But the power to decide what to decide makes the Supreme Court distinguish from the trial courts and the appellant courts and play an important role in American society. The conclusion part makes a brief summary in the end.