Interpreting The Constitution: Federal Courts' Role And Limits

The United States Constitution establishes a federal judiciary, with the Supreme Court at the apex, and such inferior courts as the Congress may from time to time ordain and establish. The Supreme Court is the highest court in the land, and its nine justices are appointed by the President and confirmed by the Senate. They hold office for life, and their salaries cannot be decreased during their term. The Court's most well-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established in the case of Marbury v. Madison (1803). The Court also has the final say on whether a right is protected by the Constitution or when a Constitutional right is violated. Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the Constitution or federal statutes.

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Federal judiciary established by Article III of the Constitution

Article III of the US Constitution establishes the federal judiciary and empowers the judicial branch of the national government. The first sentence of Article III reads:

> "The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish."

This means that the Constitution guarantees the existence of a Supreme Court, and that this Court is separate from both the legislature (Congress) and the executive (the President). It is left to Congress to decide what other federal courts exist. The Constitution also establishes the jurisdiction (legal ability to hear a case) of the Supreme Court.

The Judiciary Act of 1789 created a Supreme Court with six justices and established the lower federal court system. Congress has the power to alter the number of seats on the Supreme Court, and various Acts of Congress have changed this number over the years, from a low of five to a high of 10. The number of seats was fixed at nine shortly after the Civil War, and this number remains to the present day.

The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison in 1803. The Court also has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.

The federal judiciary is one of three separate and distinct branches of the federal government, alongside the legislative and executive branches. These three branches operate within a constitutional system of "checks and balances", which means that while each branch is formally separate, the Constitution requires cooperation between them.

Federal judges appointed by the President

The Constitution establishes the federal judiciary and outlines the appointment, tenure, and payment of federal judges. Article III, Section I of the Constitution states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This provision grants Congress the authority to decide on the organisation of the Supreme Court and the establishment of lower federal courts.

Federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. These protections aim to safeguard the independence of the judiciary from political influence. Federal judges can only be removed from office through impeachment by the House of Representatives and conviction by the Senate.

The appointment of federal judges by the President has been a significant aspect of presidential legacy and impact on the judicial system. For example, President Donald Trump made 234 judicial appointments during his first term, including the nomination of three Supreme Court justices. President Barack Obama made 334 judicial appointments during his two terms, with two justices confirmed to the Supreme Court.

The power of judicial review, established in the Marbury v. Madison case in 1803, allows the Supreme Court to declare acts of Congress or the Executive branch unconstitutional. This power reinforces the role of the Court in interpreting the Constitution and ensuring that all branches of government respect their constitutional limits.

Federal courts have limited jurisdiction

Federal courts in the United States have limited jurisdiction, meaning they can only hear certain types of cases. This is in contrast to general jurisdiction courts, which can hear a wider range of cases and need only to demonstrate that they may assert personal jurisdiction over a party.

The Constitution establishes the federal judiciary and empowers the judicial branch of the national government. Article III, Section I of the Constitution states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This means that while the Constitution guarantees the existence of a Supreme Court, it leaves the creation and organisation of any additional federal courts to the discretion of Congress.

Congress first exercised this power in the Judiciary Act of 1789, which established a three-level federal court system consisting of trial courts, courts of appeals, and the Supreme Court. Today, the federal court system includes several important courts of limited jurisdiction, including the U.S. Tax Court, the U.S. Court of Federal Claims, the U.S. Court of International Trade, and the U.S. Court of Military Appeals.

The Supreme Court, on the other hand, has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear cases on appeal that involve a point of constitutional or federal law. The Court's most well-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803.

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Supreme Court justices hold lifetime tenure

The Constitution establishes the federal judiciary and outlines the composition and procedures of the Supreme Court. The Supreme Court is the highest court in the land and acts as the court of last resort for those seeking justice. It is the only court created by the federal government, with judges appointed by the President.

The Supreme Court justices hold lifetime tenure, also known as tenure during "good behaviour". This means that they remain in office until they die, retire, resign, or are impeached and removed from office. The concept of lifetime tenure for justices is derived from Article Three, Section 1 of the Constitution, which states that justices "shall hold their offices during good behaviour". This interpretation suggests that justices can only be removed from office by Congress through the impeachment process.

The rationale behind lifetime tenure is to protect the independence of the judiciary and shield it from political influence. Alexander Hamilton, in Federalist 78, argued that lifetime tenure contributes to the "firmness and independence" of the judiciary. However, critics argue that lifetime tenure can cause judges to remain in their positions longer than they should, potentially impacting their ability to perform their duties effectively due to age or being out of touch with modern times.

The average tenure of Supreme Court justices has increased, with the current average being 28 years, the longest in American history. This extended tenure has led to concerns about the politicisation of the Court and the potential for intellectual prime concerns. Some have suggested implementing term limits or a mandatory retirement age for justices to address these issues.

Supreme Court's power of judicial review

The Supreme Court's power of judicial review is an essential function in the United States judicial system. This power allows the Court to interpret the Constitution and overrule certain governmental actions when they are deemed unconstitutional. The Supreme Court is the highest court in the United States and is the final court of appeal for all legal disputes in the country. It is part of the judicial branch of the federal government, along with lower federal courts and state courts.

The power of judicial review is not explicitly mentioned in the Constitution but was established through precedent in the landmark case of Marbury v. Madison in 1803. In this case, Chief Justice John Marshall asserted that it is the duty of the judicial branch to interpret the law and ensure that no law stands that contradicts the Constitution. The Court's power of judicial review allows it to declare acts of Congress and the Executive Branch unconstitutional. It can determine whether laws passed by Congress or actions taken by the President are in line with the U.S. Constitution and, if deemed unconstitutional, the Court has the power to nullify them, making them void.

The Supreme Court's power of judicial review is crucial for maintaining the system of checks and balances that underpins American democracy. It allows the judiciary to act as a guardian of the Constitution, preventing both the legislative and executive branches from overstepping their powers. This power serves to maintain checks and balances within the government, ensuring that no law contradicts the Constitution. Judicial review is exercised with caution, making it a vital yet infrequent mechanism in U.S. law.

However, there are certain limitations to the power of judicial review. The Supreme Court cannot overturn the Bill of Rights, which consists of the first ten amendments to the Constitution and protects individual rights and liberties. These rights are fundamental and cannot be overruled or disregarded by the Court through judicial review as they are embedded in the Constitution itself. Additionally, the power of judicial review does not let the Supreme Court overrule its own past decisions, and it requires cases to be brought from lower courts.

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