Isabella Carter
The Constitution of the United States establishes the Supreme Court in Article III, Section I, which 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. While the Constitution establishes the Supreme Court as the highest court in the land, it does not outline the exact powers or duties of the Court, leaving it to Congress to decide how to organize it. Over time, the Supreme Court has established its own powers, including the ability to declare a Legislative or Executive act in violation of the Constitution, also known as judicial review. The Court's role in the constitutional system of government is essential, as it ensures that each branch of government recognizes its own limits and plays a part in the system of checks and balances.
| Characteristics | Values |
|---|---|
| Established by | Article III of the Constitution |
| Federal judicial power | Vested in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish" |
| Jurisdiction | Original jurisdiction over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers |
| Jurisdiction | Appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law |
| Judicial review | The ability to declare a Legislative or Executive act in violation of the Constitution |
| Judicial review | The authority to interpret the law |
| Number of seats | Fixed at nine since shortly after the Civil War |
| Composition | One Chief Justice and eight Associate Justices |
| Role | Court of last resort for those seeking justice |
| Role | Ensures that each branch of government recognizes the limits of its power |
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What You'll Learn
The Constitution established the Supreme Court
> "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."
The Constitution thus vests federal judicial power in a single Supreme Court, with Congress given the power to create and organise inferior courts. The Judiciary Act of 1789 was the first exercise of this power, creating a Supreme Court with six justices and establishing the lower federal court system.
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. It also has appellate jurisdiction over almost any other case involving a point of constitutional or federal law. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction.
The Supreme Court is the highest court in the land and the court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of government recognises the limits of its power. While the Constitution does not explicitly grant the Supreme Court the power of judicial review, the Court established this power in the case of Marbury v. Madison (1803). This power allows the Court to declare a Legislative or Executive act in violation of the Constitution and to strike down state laws found to be unconstitutional.
The Tenth Amendment to the Constitution states that "powers not delegated to the United States by the Constitution [...] are reserved to the States respectively, or to the people." This amendment highlights the importance of maintaining a balance of power between the federal government and state authorities.
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Congress decides how to organise the Supreme Court
The U.S. Constitution establishes the federal judiciary and authorises Congress to pass laws establishing a system of lower courts. Article III, Section I of the Constitution states:
> "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 establishes the Supreme Court, it allows Congress to decide how to organise it. This power was first exercised by Congress in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. The Act also decided that the Supreme Court would be based in the nation's capital and would be composed of a chief justice and five associate justices.
Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats was fixed at nine, which remains the current number. There is now one Chief Justice and eight Associate Justices of the United States Supreme Court.
The Supreme Court is the highest court in the United States and plays a crucial role in the constitutional system of government. 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, where the Court decided that an Act of Congress contrary to the Constitution could not stand. The Court also has the authority to strike down state laws found to be in violation of the Constitution.
The Supreme Court has original jurisdiction (the legal ability to hear a case) over certain cases, such as suits between two or more states or cases involving ambassadors. It also has appellate jurisdiction (the ability to hear a case on appeal) on almost any other case involving a point of constitutional or federal law.
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The Supreme Court's jurisdiction
The Supreme Court is the highest court in the United States. Article III, Section I of the Constitution establishes the federal judiciary, vesting the judicial power of the United States in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, or its legal ability to hear a case. The Court has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. The Court has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. Some examples include cases to which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).
The Supreme Court's power of judicial review, or its ability to declare a Legislative or Executive act in violation of the Constitution, is not explicitly outlined in the Constitution. However, the Court established this doctrine in the case of Marbury v. Madison in 1803, where it had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Court held that an Act of Congress that is contrary to the Constitution could not stand, as the Constitution establishes the Constitution as the supreme law of the land.
The Supreme Court has also established its authority to strike down state laws found to be in violation of the Constitution. After the passage of the Fourteenth Amendment in 1869, the Supreme Court began ruling that most of the provisions of the Bill of Rights were applicable to the states as well. This gave the Court the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
The Tenth Amendment to the United States Constitution states that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This has led to criticism of the Court for giving the federal government too much power to interfere with state authority. One example is the Court's use of the Commerce Clause to uphold regulations and legislation that have little to do with interstate commerce, while voiding state legislation for allegedly interfering with interstate commerce.
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The Supreme Court's power of judicial review
Article III, Section I of the US Constitution establishes the federal judiciary, stating 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 vests federal judicial power in the Supreme Court and permits Congress to decide on its organisation and the number of justices.
While the Constitution does not explicitly outline the powers of the Supreme Court, it grants the Court jurisdiction over certain cases, such as suits between states and cases involving ambassadors. The Court's power of judicial review, or its ability to declare acts of Congress or the Executive in violation of the Constitution, was established in the landmark case of Marbury v. Madison in 1803.
In this case, the Supreme Court asserted its authority to interpret the law and determine the constitutionality of acts, holding that an Act of Congress contrary to the Constitution is invalid. This power of judicial review ensures that the Supreme Court plays a crucial role in maintaining a balance of power among the branches of government, safeguarding civil rights and liberties, and upholding the fundamental values enshrined in the Constitution.
The Court's interpretation of the law and exercise of judicial review have been a subject of debate, with critics arguing that it grants the judiciary, particularly the Supreme Court, significant influence in shaping the Constitution. However, supporters contend that it is the duty of the judiciary to interpret and uphold the dictates of the Constitution, ensuring that the government operates within its constitutional limits.
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The Supreme Court's role in the constitutional system of government
The Supreme Court is the highest court in the United States and plays a crucial role in the constitutional system of government. The Court's role is established by Article III of the Constitution, which vests the federal judiciary power in "one supreme Court". While the Constitution does not outline the exact powers of the Supreme Court, it authorises Congress to pass laws establishing a system of lower courts.
The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear cases on appeal that involve 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 case of Marbury v. Madison in 1803, where the Court held that an Act of Congress contrary to the Constitution could not stand.
The Supreme Court plays an essential role in ensuring that each branch of government recognises its own limits. This is achieved through the power of judicial review, where the Court can strike down state laws found to be in violation of the Constitution. The Fourteenth Amendment extended the provisions of the Bill of Rights to the states, giving the Supreme Court the final say over when a right is protected or violated by the Constitution.
The Supreme Court has been criticised for allegedly giving the federal government too much power to interfere with state authority. This criticism centres around the Court's interpretation of the Commerce Clause, which has been used to uphold federal regulations and legislation while voiding state laws. The Court's role in interpreting the Constitution and its power of judicial review have been a subject of debate, with some arguing that it gives the Court too much discretion.
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Frequently asked questions
Article III of the US Constitution establishes the federal judiciary, stating 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." Article III, Section II establishes the jurisdiction of the Supreme Court, outlining the cases over which it has original and appellate jurisdiction.
The US Supreme Court has the duty to decide the constitutionality of federal laws and resolve cases involving federal laws. It also has the final say over when a right is protected by the Constitution or when a Constitutional right is violated. The Court also has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution.
The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law. However, in the case of Marbury v. Madison (1803), the Court established that it could not exercise original jurisdiction in this matter. Following the passage of the Fourteenth Amendment in 1869, the Supreme Court ruled that most provisions of the Bill of Rights were applicable to the states, in addition to the federal government.
