Jonah Patel
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Article III of the US Constitution establishes the federal judiciary and vests federal judicial power in one supreme Court. The Constitution also establishes the Supreme Court's jurisdiction, or legal ability to hear a case. The Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors, and appellate jurisdiction over almost any other case that involves a point of constitutional or federal law. The Supreme Court has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. The Court also has the authority to strike down state laws found to be in violation of the Constitution. The ethics rules guiding the justices are set and enforced by the justices themselves, and the members of the court have no external checks on their behavior other than the impeachment of a justice by Congress.
| Characteristics | Values |
|---|---|
| Established by | Article III of the Constitution |
| Separation from | Legislature (Congress) and the Executive (the President) |
| Power | Judicial review, i.e., the ability to declare a Legislative or Executive act in violation of the Constitution |
| Jurisdiction | Original jurisdiction over cases involving ambassadors, public ministers, and consuls, and those in which a state is a party |
| Jurisdiction | Appellate jurisdiction over all U.S. federal court cases and state court cases that involve U.S. constitutional or federal law |
| Composition | Decided by Congress; currently, there is one Chief Justice and eight Associate Justices |
| Self-regulation | Justices enforce their own ethics rules |
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What You'll Learn
The Supreme Court's power of judicial review
Article III of the US 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." This article vests federal judicial power in the Supreme Court, recognising it as the highest court in the federal judiciary system of the United States.
The Court has also asserted its power to strike down state laws found to be in violation of the Constitution. This power came into effect after the passage of the Fourteenth Amendment in 1869, which applied the provisions of the Bill of Rights to the states. The Supreme Court's power of judicial review is essential in maintaining the balance of power between the federal government and the states. It ensures that each branch of the government recognises its own limitations.
The Supreme Court has original jurisdiction over a narrow range of cases, such as cases involving ambassadors, public ministers, and consuls, and those in which a state is a party. It also has appellate jurisdiction over almost all other cases that involve a point of constitutional or federal law, including cases where the United States is a party, cases involving treaties, and admiralty cases. The Court's appellate jurisdiction is not mandatory, and it has the discretion to decide whether to hear a case.
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The Supreme Court's jurisdiction
The Supreme Court is the highest court in the federal judiciary of the United States. Article III, Section I of the US Constitution establishes the federal judiciary, vesting the federal judicial power 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. It has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. This includes cases where 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 mentioned in the Constitution. However, the Court established this power in the landmark case of Marbury v. Madison in 1803. The Court also has the authority to strike down state laws found to be in violation of the Constitution, and it plays a crucial role in ensuring that each branch of the government recognises its own power limits.
The Supreme Court receives about 7,000 petitions for writs of certiorari each year but only grants around 80 of them. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction.
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The Supreme Court's role in the constitutional system
The Supreme Court is the highest court in the federal judiciary of the United States. The Court was established by Article III of the Constitution, which vests federal judicial power in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish".
The Constitution does not outline the exact powers of the Supreme Court, but it does establish its jurisdiction, or legal ability to hear a case. The Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors and other public ministers. It has appellate jurisdiction over almost any other case that involves a point of constitutional or federal law.
One of the most important powers of the Supreme Court 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 by the Court in the case of Marbury v. Madison (1803). The Court has also established its authority to strike down state laws found to be in violation of the Constitution.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of government recognizes the limits of its own power. The Court's interpretation of the Constitution shapes the balance of power between the federal government and the states.
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The Supreme Court's independence
The Supreme Court is the highest court in the federal judiciary of the United States. The Court's power and prestige grew substantially during the Marshall Court (1801–1835). Under Marshall, the Court established the power of judicial review over acts of Congress, including specifying itself as the supreme expositor of the Constitution. The Marshall Court also ended the practice of each justice issuing opinions separately, a remnant of British tradition, instead issuing a single majority opinion.
Article III, Section I of the Constitution establishes the federal judiciary and 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." Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. 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.
However, it is important to note that the ethics rules guiding the justices are set and enforced by the justices themselves, meaning there are no external checks on their behavior beyond the potential impeachment of a justice by Congress. This self-regulation has prompted some criticism and concerns about the lack of external accountability.
In recent years, there has been a perceived decline in the independence of the Supreme Court in the United States. Data from International IDEA's Global State of Democracy Indices (GSoDI) supports this perception, showing a statistically significant decline in judicial independence in the country. This decline is attributed to a decreased willingness of the Court to rule against the government and a decline in the impartiality of the legal system more broadly.
Despite this recent decline, the Supreme Court of the United States remains among the most independent in the world, according to the GSoDI data.
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The Supreme Court's establishment and evolution
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. The establishment of the Supreme Court can be traced back to the Constitutional Convention in 1787, four years after the end of the American Revolutionary War. At this convention, delegates debated the separation of powers between the legislative and executive departments and envisioned a national judiciary as a third branch of the federal government.
Article III of the Constitution establishes the federal judiciary. 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 article outlines the establishment of the Supreme Court and permits Congress to decide how to organize it.
Congress first exercised this power in the Judiciary Act of 1789, which was signed into law by President George Washington on September 24, 1789. This Act created a Supreme Court with six justices, including one Chief Justice and five Associate Justices. It also established the lower federal court system and divided the country into 13 judicial districts.
Over the years, the number of seats on the Supreme Court has varied due to various Acts of Congress, ranging from a minimum of five to a maximum of ten. However, shortly after the Civil War, the number of seats was fixed at nine, which remains the current composition of the Court.
The power and prestige of the Supreme Court grew significantly during the Marshall Court era, from 1801 to 1835. During this period, the Court established its authority in several landmark cases, including Marbury v. Madison (1803), where it asserted its power of judicial review and specified itself as the supreme expositor of the Constitution. The Court has also ruled on important constitutional issues, such as Martin v. Hunter's Lessee, McCulloch v. Maryland, and Gibbons v. Ogden, shaping the balance of power between the federal government and the states.
The Fourteenth Amendment, passed in 1869, expanded the Supreme Court's reach by applying most provisions of the Bill of Rights to the states, giving the Court the final say in determining when a Constitutional right is violated. Today, the Supreme Court continues to play a crucial role in interpreting and safeguarding the Constitution, ensuring that all branches of the government respect their limits.
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Frequently asked questions
Yes, the Supreme Court is established by the Constitution and is separate from both the legislature (Congress) and the executive (the President).
The Supreme Court has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution.
The Supreme Court has original jurisdiction over cases such as suits between two or more states, cases involving ambassadors, and other public ministers. It has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law.
There is one Chief Justice and eight Associate Justices of the United States Supreme Court.
The Supreme Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated. The Court also enforces its own ethics rules, maintaining its independence from external checks.
