Eleanor Finch
The U.S. Constitution, in Article III, establishes the federal judiciary, outlining the judicial branch as one of three distinct branches of the federal government, alongside the legislative and executive branches. Article III, Section I, 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 create and organize federal courts below the Supreme Court, including the power to define and limit their jurisdiction. The First Congress, in 1789, passed the Judiciary Act, establishing a federal court system and addressing questions raised by Article III. This act created a Supreme Court with six justices and a lower federal court system, closely resembling the system in place today.
| Characteristics | Values |
|---|---|
| Established by | Article III of the U.S. Constitution |
| Branches | Judicial, executive, and legislative |
| Powers | Judicial Power of the United States |
| Supreme Court | Highest court in the United States |
| Jurisdiction | Original and appellate |
| Judges | Appointed by the President and confirmed by the Senate |
| Tenure | Hold office for life |
| Accountability | Congress can impeach and remove federal judges for misconduct or abuse of power |
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What You'll Learn
The Judiciary Act of 1789
The Act was signed into law by President George Washington, who then submitted his nominations to fill the offices created by the Act. These included John Jay for Chief Justice of the United States, John Rutledge, William Cushing, Robert H. Harrison, James Wilson, and John Blair Jr. as Associate Justices, and Edmund Randolph for Attorney General. The Act also included the Alien Tort Statute, which provided jurisdiction in the district courts over lawsuits by aliens for torts in violation of the law of nations or treaties of the United States.
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The Supreme Court's original jurisdiction
Article III, Section 2 of the US Constitution establishes the federal judiciary and grants the Supreme Court original jurisdiction over select cases. The Judiciary Act of 1789, signed by President Washington, gave the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
Additionally, the Supreme Court holds both original and exclusive jurisdiction in controversies between two or more states, as outlined in 28 U.S.C. § 1251(a). This means that no lower court may hear such cases, and the Supreme Court is the only court with the authority to preside over them.
While the Supreme Court's original jurisdiction is limited to specific types of cases, the majority of the cases it hears are on appeal from lower federal or state courts.
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The independence of the judiciary
The US Constitution, in Article III, establishes the federal judiciary as one of the three equal branches of the federal government. Article III, Section I 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.
The Constitution gives judges the power to do their jobs, but it also sets out ways to prevent them from abusing their power. This guarantees that independent courts and judges remain faithful to the rule of law.
Article III, Section II establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, for example, suits between two or more states and/or cases involving ambassadors and other public ministers. The Court has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law.
The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). This Act also created a Supreme Court with six justices and established the lower federal court system.
- Shall hold their offices during good behaviour.
- Have life terms, because once appointed, they keep their jobs until they choose to quit, provided they exhibit good behaviour.
- Have salaries that cannot be decreased during their term of office.
- Are protected from inappropriate or unwarranted interference with the judicial process.
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The appointment of federal judges
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, however, is notably more concise than Articles I and II, which outline the legislative and executive branches, respectively.
The Constitution grants Congress the authority to decide how to organise the Supreme Court and the power to establish lower federal courts. Congress first exercised this authority through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
The US Constitution, through Article II's Appointments Clause, delegates the task of appointing federal judges to the President, including judges of the Supreme Court and inferior federal courts. The President nominates federal judges, and these nominations are then confirmed by the Senate. This process is designed to protect the independence of the judiciary from political branches of government.
The President's role in selecting federal judges has evolved over time, with shifts in norms and the emergence of political parties influencing the process. While there is no constitutional guidance on how the President should carry out the appointment process, various factors have influenced their approach, including personal preferences, Senate norms, political circumstances, and the growth of government bureaucracy.
The total number of active federal judges is subject to change due to factors such as judicial retirement or death, and Congress's decision to increase or decrease the number of federal judgeships in a particular judicial district based on shifting population numbers or changing workloads.
The position and authority of magistrate judges, a type of federal judge, were established in 1968. Magistrate judges are appointed by US district judges of the court and must meet specific eligibility criteria, including legal experience and a merit-based selection process. They are appointed for renewable terms of eight years for full-time positions and four-year terms for part-time positions.
Bankruptcy judges, another type of federal judge, were established in 1978, with the appointment process set by the Judicial Conference policy and the Bankruptcy Amendments and Federal Judgeship Act of 1984. These judges are appointed by the President and confirmed by the Senate for renewable 10-year terms.
The process of appointing federal judges involves the intersection of the executive branch and the judiciary, with the President playing a pivotal role in nominating individuals to serve as federal judges, subject to the Senate's confirmation.
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The types of cases federal courts can hear
The US Constitution does authorise the federal judiciary. Article III of the Constitution establishes the federal judiciary, with Article III, Section I 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."
Congress has the power to decide how to organise the Supreme Court and the federal judiciary system. This power was first exercised through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
- Cases involving people living in two or more different states who are in dispute over property valued at $75,000 or more.
- Legal actions against federal agencies, including lawsuits and allegations of wrongdoing.
- Cases involving the interpretation of the US Constitution.
- Cases affecting ambassadors, other public ministers, and consuls.
- Cases of admiralty and maritime jurisdiction.
- Controversies to which the United States is a party.
- Controversies between two or more states, between citizens of different states, or between citizens of the same state claiming lands under grants of different states.
Additionally, federal courts have jurisdiction over criminal and civil matters. In criminal cases, federal magistrate judges may oversee cases, issue warrants, conduct hearings, set bail, and decide on motions. Civil cases often involve pre-trial motions and discovery. Federal district courts can also handle bankruptcy cases.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors. It has appellate jurisdiction on almost any other case that involves a point of constitutional or federal law.
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Frequently asked questions
Article III of the US Constitution establishes the federal judiciary, outlining the judicial branch as one of the three separate and distinct branches of the federal government. It vests power in the Supreme Court and outlines the types of cases the federal courts can hear.
The Judiciary Act of 1789 was one of the first acts of the new Congress, signed by President Washington. It established a Federal court system, creating a Supreme Court with six justices and a lower federal court system. It also granted the Supreme Court original jurisdiction and appellate jurisdiction in specific cases.
Federal judges, like ambassadors, are appointed by the President with the advice and consent of the Senate. They typically hold office for life and their salaries cannot be decreased during their term. These measures are intended to protect the independence of the judiciary.
