Isabella Carter
The US Constitution establishes a federal judiciary, including the Supreme Court, which is separate from the executive and legislative branches. Federal judges are appointed by the President and confirmed by the Senate, serving until their death, retirement, or conviction by the Senate. They are tasked with ensuring equal justice under the law and protecting civil rights and liberties by striking down laws that violate the Constitution. While the Supreme Court has the power of judicial review, it does not issue advisory opinions on the constitutionality of laws unless there is a practical effect. Judges are generally reluctant to hold the US government in contempt, but it has happened in the past. So, while judges are meant to be insulated from temporary passions and political concerns, they do not always follow the law and are not bound by court injunctions against the federal government.
| Characteristics | Values |
|---|---|
| Judges are appointed by | The President |
| Judges are confirmed by | The Senate |
| Tenure | No fixed term; judges serve until death, retirement, or conviction by the Senate |
| Jurisdiction | Decided by Congress |
| Jurisdiction of the Supreme Court | Original jurisdiction over certain types of cases and controversies, such as disputes between states |
| Jurisdiction of the Supreme Court | Appellate jurisdiction over other matters as conferred upon the Supreme Court by various statutes |
| Remuneration | Judges receive compensation for their services, which cannot be diminished during their continuance in office |
| Removal | Impeachment by the House of Representatives and conviction in the Senate |
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What You'll Learn
The US Constitution guarantees a fair trial
The US Constitution is clear that judges must follow its tenets. Article III of the Constitution establishes the Judicial Branch, and it states that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one's peers. The Sixth Amendment (Amendment VI) to the United States Constitution, ratified in 1791 as part of the United States Bill of Rights, sets forth rights related to criminal prosecutions. It guarantees criminal defendants eight different rights, including the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was committed.
The Sixth Amendment also grants citizens the right to a jury composed of impartial members drawn from the local community. Convictions in these trials are forbidden unless every element of the crime has been proven beyond a reasonable doubt by the same impartial jury. The accused may also request a closure of the trial, but it must be demonstrated that their right to a fair trial will be prejudiced by publicity that closure would prevent, and that reasonable alternatives to closure cannot adequately protect their rights.
The Fourth, Fifth, and Sixth Amendments to the Constitution provide additional protections for those accused of a crime. These include a guarantee that no person shall be deprived of life, liberty, or property without due process of law, and protection against being tried for the same crime twice ("double jeopardy"). The right to counsel is considered one of the most important tenets of the Sixth Amendment. The Constitution and the courts have decided that a defendant can be represented by a lawyer of their choice, and the 1963 Gideon v. Wainwright decision determined that defendants are entitled to free-of-charge legal counsel.
The US Constitution also grants Congress the power to establish courts inferior to the Supreme Court. Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and justices serve no fixed term; they serve until their death, retirement, or conviction by the Senate. This insulates them from the temporary passions of the public and allows them to apply the law with only justice in mind, rather than electoral or political concerns.
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Federal judges are appointed for life
The Constitution of the United States establishes and empowers the judicial branch of the national government. Article III of the Constitution governs the appointment, tenure, and payment of Supreme Court justices and federal circuit and district judges. These judges, often referred to as "Article III judges," are nominated by the president and confirmed by the U.S. Senate. Federal judges are appointed for life, serving until their death, retirement, or removal from office. This means they have a lifetime appointment, except under very limited circumstances.
The "Good Behavior Clause" in Article III states that these judges "hold their office during good behavior," which has long been interpreted to mean they have life tenure. This clause is intended to insulate federal judges from external pressures and allow them to apply the law with only justice in mind, without being influenced by electoral or political concerns. However, critics argue that lifetime appointments can cause judges to stay in their positions longer than they should, potentially impacting their effectiveness and impartiality due to cognitive aging.
The process of removing a federal judge from office is challenging and occurs only in rare circumstances. Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. This removal process is designed to protect the independence of the judiciary and ensure that judges can make decisions free from political influence.
While the number of Supreme Court justices has remained stable for over a century, the number of federal judgeships in a particular judicial district can change in response to shifting population numbers or varying workloads. Additionally, the total number of active federal judges is constantly in flux due to factors such as retirements and deaths, which create vacancies that need to be filled.
The Constitution does not provide specific eligibility criteria, such as age, citizenship, or legal experience, for individuals to be appointed as federal judges. The primary function of federal judges is to resolve matters brought before the United States federal courts, which are courts of limited jurisdiction, hearing only cases authorized by the Constitution or federal statutes.
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Judges can be impeached by the House of Representatives
The Constitution of the United States establishes a three-branch system of government, comprising the executive, legislative, and judicial branches. The Constitution grants Congress the power to establish federal courts inferior to the Supreme Court, such as the United States district courts and the United States courts of appeals. All judges, including those in the Supreme Court, are appointed by the President and confirmed by the Senate.
Federal judges are granted life tenure, serving until their death, retirement, or conviction by the Senate. This tenure is intended to insulate them from temporary political passions and allow them to apply the law with only justice in mind. However, impeachment is a process by which the political branches of government can remove judges from office. The House of Representatives has the power to impeach judges, and the Senate has the power to hold a trial and determine whether removal is appropriate.
Impeachment of judges is a rare occurrence, reserved for grave ethical or criminal misconduct. Since 1803, the House of Representatives has impeached only 15 judges, an average of one every 14 years. Judges have been impeached on various charges, including accepting bribes, perjury, income tax evasion, abuse of power, and misconduct on the bench. The impeachment process for federal judges is outlined in Article I of the U.S. Constitution. The House can impeach a judge with a simple majority vote, while removal from office requires a two-thirds majority vote of conviction by the Senate.
While the federal approach to impeachment is followed by most states, some states, like New York and Nebraska, conduct the trial following impeachment through a court of state officials and/or state judges. The U.S. Constitution does not provide explicit guidance on the grounds for impeachment, but judges may be removed for "Treason, Bribery, or other high Crimes and Misdemeanors."
The independence of judges is crucial to the functioning of the justice system, and impeachment should not be used to punish judges for their rulings or political disagreements. Job security is essential to maintaining judicial independence, allowing judges to decide cases based on their interpretation of the law without fear of reprisal from powerful political actors.
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The Supreme Court has the power of judicial review
The Constitution of the United States establishes the federal judiciary and outlines the right to a fair trial for every person accused of wrongdoing. 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 guarantees the establishment of the Supreme Court while granting Congress the authority to determine its structure and organisation.
The Supreme Court, as the highest court in the land, holds the power of judicial review, which is not explicitly mentioned in the Constitution. This power enables the Court to declare a Legislative or Executive act in violation of the Constitution. In other words, the Court has the final say on whether a Constitutional right has been violated or protected. This authority extends to reviewing the actions of the executive branch, including executive orders and regulations, to ensure they do not exceed the president's authority or infringe on the legislative powers of Congress.
The Supreme Court's power of judicial review plays a crucial role in maintaining the balance of power between the three branches of government. It ensures that each branch recognises the limits of its authority. Additionally, the Court safeguards civil rights and liberties by striking down laws that are deemed unconstitutional. This power allows the Court to act as a check on the democratic government, preventing the majority from passing laws that may harm or unfairly target minorities.
The Supreme Court's appellate jurisdiction further reinforces its role in interpreting constitutional law. The Court can choose to hear cases on appeal that involve points of constitutional or federal law, such as cases where the United States is a party or those involving treaties and admiralty. This discretionary power is exercised through the Certiorari Act of 1925, where the Court decides whether to review a case based on a petition for a writ of certiorari.
The Supreme Court's power of judicial review is a significant aspect of the American constitutional system. It ensures that the nation's laws and government actions align with the principles enshrined in the Constitution, protecting the rights and liberties of its citizens. This power underscores the Court's role as the final arbiter of justice and guardian of the Constitution.
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The Supreme Court has original jurisdiction over certain cases
The United States Constitution establishes the federal judiciary and outlines the role of the Supreme Court. Article III of the Constitution grants the Supreme Court original jurisdiction in certain cases, including those that involve disputes between different states, diplomats from foreign countries, and federal questions.
The Supreme Court's original jurisdiction means that it can hear specific cases directly without them first being heard in lower courts. This authority is established in Article III, Section 2 of the Constitution, which outlines eight specific cases where the Supreme Court has original jurisdiction:
- Cases involving ambassadors: These are cases with an ambassador or other foreign diplomatic involvement.
- Cases involving other public ministers: Similar to cases involving ambassadors, these involve other official representatives of foreign governments.
- Actions by a state against the citizens of another state: When a state brings a lawsuit against the citizens of another state, the Supreme Court has original jurisdiction.
- Actions by a state against a foreign state or its citizens: These cases involve a U.S. state taking legal action against a foreign government or its citizens.
- Cases between a state and the federal government: Legal disputes between a state and the U.S. federal government are directly handled by the Supreme Court.
- Certain actions between a state and citizens of another state or aliens: The Supreme Court may have original jurisdiction when a state is involved in a lawsuit with citizens of another state or foreign nationals.
- Cases involving federal questions: These are cases where federal law supersedes state law, and the Supreme Court can review and ensure a unified interpretation of constitutional and federal legal principles.
- Criminal cases: In United States v. Shipp (1906), the Supreme Court exercised original jurisdiction over a criminal case for the first and only time in its history.
The Supreme Court's original jurisdiction is limited to a small class of cases, and it primarily focuses on cases that have national importance. The Court's decisions have a significant impact on society, and it plays a crucial role in interpreting and upholding the Constitution as the supreme law of the land.
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Frequently asked questions
Yes, the Constitution governs the appointment, tenure, and payment of Supreme Court justices, and federal circuit and district judges.
The Supreme Court plays an important role in the constitutional system of government. It is the court of last resort for those seeking justice and ensures that each branch of the government recognizes the limits of its power.
Yes, judges can hold government litigants in contempt, but this is rare. Judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate.
Federal judges are appointed by the President and confirmed by the Senate. They serve until their death, retirement, or conviction by the Senate.
Article III of the Constitution guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of their peers.
