English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

2006-10-04 03:04:10 · 2 answers · asked by --Br0oklYn-- 5 in Politics & Government Government

Does the Supreme court have the power to issue a writ of mandams?

2006-10-04 03:05:15 · update #1

2 answers

The Supreme Court has all the powers of lower courts, and then some. But normally it returns cases to the lower court for action.

On the other hand, a case brought by one state against another is heard in the Supreme Court as a court of first instance.

2006-10-04 03:13:15 · answer #1 · answered by Anonymous · 1 0

Theoretically, the Supreme Court has the power to issue a writ of mandamus (a command from a superior court to one of its subordinate courts to conform to judicial rulings), but the question has never been tested and basically became moot when the Supreme Court asserted the power of judicial review in Marbury v. Madison. Judicial review encompasses all questions that would apply to a mandamus order, and goes even further in many cases.

Normally, a writ of mandamus would be issued to a lower court that was violating some aspect of law, with an explanation of why their actions were a violation. With judicial review, the Supreme Court can essentially interpret a law to mean whatever it wants, and those interpretations would hold the same power as would a specific writ of mandamus.

(or, at least, that's how it's been explained to me. :) )

2006-10-04 10:20:46 · answer #2 · answered by Doug F 2 · 0 0

fedest.com, questions and answers