Isabella Carter
The U.S. Constitution gives Congress the power to establish lower federal courts, also known as inferior courts, which are vested with judicial power. 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 implies that Congress can alter the lower court system, including by eliminating existing federal courts. The Judiciary Act of 1789, enacted by Congress, created a Supreme Court with six justices and established the lower federal court system. The Constitution also provides that federal judges shall hold their offices during good behaviour and that their compensation shall not be decreased while in office.
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What You'll Learn
The Constitution gives Congress the power to establish lower federal courts
The Constitution of the United States gives Congress the power to establish lower federal courts. 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 establishes the Supreme Court as the highest court in the land, it gives Congress the authority to create and organise lower federal courts as needed.
The first time Congress exercised this power was in 1789 with the Judiciary Act, which created a Supreme Court with six justices and established the lower federal court system. This three-level system consists of trial courts, courts of appeals, and the Supreme Court, with about 800 federal judges in total. The President appoints all federal judges and justices of the Supreme Court, and the Senate confirms them.
Congress has altered the number of seats on the Supreme Court over the years through various Acts, ranging from a low of five to a high of ten. After the Civil War, the number of seats was fixed at nine, which remains the current number. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court.
The power given to Congress by the Constitution to establish lower federal courts is not without limits. The Constitution provides that federal judges shall hold their offices during "good Behaviour" and that their compensation shall not be decreased while in office. This Good Behaviour Clause has been interpreted to grant Article III judges life tenure unless they voluntarily resign or are impeached. Therefore, if Congress decides to eliminate a lower federal court, it must consider the status of the judges on that court, which raises complex questions about the judiciary's independence from legislative interference.
In conclusion, the Constitution grants Congress the authority to establish lower federal courts, and Congress has exercised this power to create and shape the federal judiciary over time. However, this power is balanced by the independence of the judiciary, as guaranteed by the Constitution's provisions for the tenure and compensation of federal judges.
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Congress can alter the lower federal court system
The Constitution establishes the federal judiciary and the Supreme Court, but it permits Congress to decide how to organize it. 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 Congress has the power to create lower federal courts and to determine their structure and organization.
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, demonstrating Congress's ability to make changes to the federal court system.
The Supreme Court's power of judicial review is not explicitly mentioned in the Constitution but was established in the case of Marbury v. Madison in 1803. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution and ensures that each branch of government recognizes the limits of its power.
Congress has the authority to establish and alter lower federal courts, but it cannot abolish the Supreme Court. The Constitution grants Congress substantial authority over the structure and organization of the federal judiciary, including the power to create, expand, or contract the lower court system as needed.
The independence of the judiciary is a key principle, and judges are appointed by the President and confirmed by the Senate. This independence is intended to protect their ability to uphold the law, even when doing so may be unpopular.
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Congress decides how to organise the Supreme Court
The US Constitution establishes the Supreme Court and permits Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices. The Act also established the lower federal court system.
The Supreme Court is the highest court in the land and the court of last resort for those seeking justice. It is separate from both the legislature (Congress) and the executive (the President). The Court's power of judicial review plays an essential role in ensuring that each branch of government recognises the limits of its own power. It also protects civil rights and liberties by striking down laws that violate the Constitution.
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 found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison in 1803. In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. Since Article VI of the Constitution establishes the Constitution as the supreme Law of the Land, the Court held that an Act of Congress that is contrary to the Constitution could not stand.
Congress has the power to determine the size and composition of the Supreme Court, the time and place for sitting, its internal organisation, and other matters. Various Acts of Congress have altered the number of seats on the Supreme Court over the years, from a low of five to a high of 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine, which remains the number today. There is one Chief Justice and eight Associate Justices of the United States Supreme Court.
Congress has the authority to establish inferior tribunals and transfer cases from one tribunal to another. This implies that Congress can alter the system it establishes, including by eliminating existing federal courts. Congress has eliminated lower federal courts in the past, although this has raised questions about what should happen to the judges on those courts.
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The Judiciary Act of 1789 created a Supreme Court with six justices
The Judiciary Act of 1789 was a federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary system of the United States, outlining the jurisdiction and powers of the district and circuit courts, and the qualifications and authority of federal judges, district attorneys, court clerks, U.S. Marshals, and Deputy Marshals. The Act was drafted by a Special Judiciary Committee, with Senator Oliver Ellsworth of Connecticut as its chief author, and Senator William Paterson of New Jersey as a co-author. Both authors were prominent figures in their day, serving the new nation with distinction and sharing a commitment to Federalism.
The Supreme Court was given exclusive original jurisdiction over civil actions between states or between a state and the United States, as well as suits and proceedings against ambassadors, consuls, and other diplomatic personnel. The District Courts were granted jurisdiction over serious federal crimes, civil cases with a value above $500 involving diversity jurisdiction or the United States as a party, and admiralty cases. The Act also created 13 judicial districts within the 11 states that had ratified the Constitution at the time, with each state comprising one district, except for Virginia and Massachusetts, which had two each.
The Judiciary Act of 1789 was a significant step in establishing the federal judicial system of the United States, providing clarity and structure to the administration of justice in the newly formed nation. It addressed concerns about the potential for national tyranny by outlining the powers and jurisdiction of the courts and the roles of key judicial and law enforcement personnel.
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The Supreme Court has the power of judicial review
The Constitution of the United States grants Congress the power to establish lower federal courts. 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 gives Congress the authority to create lower federal courts and determine their structure and organization.
The Supreme Court, on the other hand, has the power of judicial review, which is the ability to examine the decisions of lower federal courts and determine if they align with the Constitution. This power was established in the case of Marbury v. Madison in 1803, where the Supreme Court asserted its authority to declare acts of Congress unconstitutional if they conflict with the Constitution.
The power of judicial review is essential for maintaining the balance of power between the legislative, executive, and judicial branches of government. It ensures that each branch operates within its constitutional limits and prevents any one branch from exceeding its authority. The Supreme Court, through judicial review, acts as a check on the power of Congress and the Executive Branch, safeguarding against potential abuses of power.
In addition to maintaining the separation of powers, the Supreme Court's power of judicial review plays a crucial role in protecting the civil rights and liberties guaranteed by the Constitution. The Court can strike down laws that violate constitutional rights, ensuring that the government does not infringe on the freedoms of its citizens. This aspect of judicial review is particularly important for minority groups, as it prevents the majority from passing laws that may discriminate against or harm marginalized communities.
The impact of the Supreme Court's decisions extends beyond legal professionals and reflects the Court's role in shaping society as a whole. The power of judicial review allows the Court to interpret the Constitution and set precedents that guide lower courts and influence public policy. While Congress has the authority to establish lower federal courts, the Supreme Court's power of judicial review ensures that these courts adhere to constitutional principles and protect the rights of individuals.
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Frequently asked questions
Yes, Article III of the Constitution gives Congress the power to create lower courts. The first sentence of Article III says: "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."
Yes, Congress can abolish lower federal courts. The Constitution's authorization for Congress to establish inferior tribunals from time to time implies that Congress can alter the system it establishes, including by eliminating existing federal courts.
No, Congress cannot abolish the Supreme Court. While Congress possesses substantial authority to structure the Supreme Court, it cannot abolish the high court.
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