Eleanor Finch
The federal judiciary, established by the Judiciary Act of 1789, has been an indispensable part of the US government since the country's early days. The framers of the Constitution had no practical model of a court to serve the entire nation, and the role of an independent, national judiciary was a largely unexplored topic. The Constitution establishes the federal judiciary in Article III, 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. Over the years, the federal judiciary has played a crucial role in interpreting and upholding the Constitution, including reviewing the constitutionality of legislation enacted by Congress and the actions of the executive branch. This power of judicial review has been a significant aspect of the checks and balances in the American constitutional system.
| Characteristics | Values |
|---|---|
| Independence of judiciary | The Federal Convention of 1787 agreed on the importance of an independent judiciary, though the specifics of its institutional organization were not decided. |
| Judiciary as a separate branch of government | Virginia's constitution was the first to establish the judiciary as one of three independent branches of government. |
| Appointment of judges | Judges are appointed by the President and confirmed by the Senate. |
| Term of judges | Judges typically hold office for life, serving during "good behavior". |
| Judiciary review of legislation | The federal judiciary has reviewed the constitutionality of legislation enacted by Congress and the actions of the executive branch. |
| Judiciary review of executive orders | Federal courts have reviewed executive orders to define the scope of presidential powers and as part of the checks and balances system. |
| Jurisdiction | The federal judiciary has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost all other cases involving constitutional or federal law. |
| Number of justices | The number of justices has varied over time, from a low of five to a high of 10. Today, there is one Chief Justice and eight Associate Justices. |
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What You'll Learn
The judiciary as an independent branch of government
The concept of a judiciary as an independent branch of government was first established by Virginia's constitution, which was the first to establish the judiciary as one of three independent branches of government. The framers of the US Constitution had no practical model of a court to serve the whole nation, and the topic of an independent, national judiciary was largely unexplored when the Federal Convention convened. The Federal Convention began its discussion of a new constitution with consideration of the so-called Virginia Plan, drafted by James Madison. Madison proposed that the legislature be authorised to establish one or more supreme courts, and inferior courts that would serve as trial courts for national issues.
The delegates at the Constitutional Convention of 1787 shared a commitment to an independent judiciary. They agreed that a well-organised republican government required a separate and co-equal judicial branch, alongside the executive and legislative branches. The delegates did not arrive with a fully developed plan for the federal judiciary, and were more concerned with provisions for a national legislature and the executive, and the balance of federal and state authority. The constitutional outline of the nation's court system emerged over the summer, in response to decisions made about the structure of the executive and legislative branches.
The Judiciary Act of 1789 established a Federal court system, with Congress regulating the jurisdiction of all Federal courts. The Judiciary Act gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). The Act also established the lower federal court system. The Act created a Supreme Court with six justices, and granted the Court appellate jurisdiction in cases from the Federal circuit courts and from state courts where federal claims had been rejected. The judicial power of the US is vested in one Supreme Court, and in inferior courts established by Congress.
The federal judiciary has reviewed the constitutionality of legislation enacted by Congress since the early days of the republic. The Court’s decision in Marbury v. Madison (1803) confirmed that federal courts possess the authority to review the actions of the executive branch. Federal courts have jurisdiction over civil suits arising under the Constitution, federal law, and treaties (known as “federal question” jurisdiction). Federal court review of executive orders helps to define the scope of presidential powers and serves as a significant aspect of the checks and balances in the American constitutional system.
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The role of the Supreme Court
The Constitution gives the Supreme Court original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors, and other public ministers. The Court also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law issues. These include cases where the United States is a party, cases involving treaties, and admiralty cases involving ships on navigable waterways.
The Supreme Court plays a crucial role in reviewing the constitutionality of legislation enacted by Congress and the actions of the executive branch. This includes reviewing executive orders issued by the President to ensure they do not exceed their legislative powers or violate the Constitution. The Court's decisions help define the scope of presidential powers and contribute to the system of checks and balances in the US government.
The establishment of the Supreme Court and the federal judiciary was a significant task for the founding fathers. The Judiciary Act of 1789, signed by President Washington, created a Supreme Court with six justices and established the lower federal court system. This act addressed questions regarding the jurisdiction of the federal courts and granted the Supreme Court its original and appellate jurisdiction.
The number of seats on the Supreme Court has varied over time, ranging from five to ten justices. However, since shortly after the Civil War, the number has been fixed at nine, including the Chief Justice and eight Associate Justices.
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The federal judiciary's review of the constitutionality of legislation
The Constitution establishes the federal judiciary in Article III, 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." The framers of the Constitution lacked a practical model of a court serving the entire nation. The newly independent states had dismantled the colonial court systems, and some states' constitutions, such as Virginia's, established the judiciary as one of three independent branches of government. The Constitutional Convention of 1787 saw delegates share a commitment to an independent judiciary, agreeing on its indispensable role in a well-organized republican government.
The Judiciary Act of 1789 was one of the first acts of the new Congress, establishing a federal court system. This act created a Supreme Court with six justices and the lower federal court system. It also addressed questions about the federal judiciary that arose from Article III, which is notably more concise than the articles creating the legislative and executive branches. The act granted the Supreme Court original jurisdiction in certain cases and appellate jurisdiction in others.
The federal judiciary has reviewed the constitutionality of legislation enacted by Congress since the early days of the republic. The Marbury v. Madison decision in 1803 confirmed that federal courts possess the authority to review executive branch actions, including those of administrative agencies. Federal courts also review executive orders to define the scope of presidential powers, assessing their validity and constitutionality. This review process is an essential aspect of the checks and balances in the American constitutional system.
The Supreme Court's original jurisdiction includes cases between two or more states, those involving ambassadors and other public ministers, and admiralty cases. It has appellate jurisdiction in almost all other cases involving constitutional or federal law, including treaties and ships on high seas. The number of seats on the Supreme Court has varied over time, ranging from five to ten, before being fixed at nine after the Civil War.
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The judiciary's role in defining the scope of presidential powers
The Constitution establishes the judiciary as one of three independent branches of government, serving alongside the executive and legislative branches. 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, however, is less detailed than the sections creating the legislative and executive branches.
The framers of the Constitution had no practical model of a court to serve the whole nation. The Federal Convention, therefore, considered the Virginia Plan, drafted by James Madison, which proposed that the legislature be authorized to establish one or more supreme courts and inferior trial courts. The delegates at the Constitutional Convention of 1787 shared a commitment to an independent judiciary, but they did not arrive with a fully developed plan for the federal judiciary.
One of the first acts of the new Congress was to establish a Federal court system through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. This act also addressed questions about the federal judiciary that were left unanswered by the Constitution, such as who would appoint judges, the length of their term, and their salaries.
Since its early days, the federal judiciary has reviewed the constitutionality of legislation enacted by Congress and the actions of the executive branch. This includes reviewing executive orders, which helps to define the scope of presidential powers and serves as a check on executive power. For example, courts may strike down executive orders if they are found to be unconstitutional or if the president lacked the authority to issue them.
In summary, the judiciary's role in defining the scope of presidential powers is an important aspect of the checks and balances in the American constitutional system. The federal judiciary, established as an independent branch of government, interprets and enforces the Constitution, including reviewing the actions of the president and Congress to ensure they do not exceed their constitutional authority.
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The appointment and tenure of federal judges
The framers of the Constitution, however, had no practical model of a court serving the entire nation. The Federal Convention, therefore, began its discussions by considering the Virginia Plan, drafted by James Madison. Madison proposed that the legislature should be authorized to establish one or more supreme courts and inferior trial courts.
The delegates debated questions such as who would appoint judges, their terms of office, salaries, and who would exercise judicial review of state and federal laws. These questions were addressed in the Judiciary Act of 1789, which established a Federal court system. This act created a Supreme Court with six justices and the lower federal court system. It also granted the Supreme Court original jurisdiction in certain cases and appellate jurisdiction in others.
Today, federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate. They typically hold office for life and receive a fixed salary that cannot be decreased during their term. These provisions protect the independence of the judiciary from political interference.
The judiciary's role in interpreting the Constitution and reviewing the constitutionality of legislation and executive actions is a significant aspect of the checks and balances in the American constitutional system. This power was established in cases such as Marbury v. Madison (1803) and has been used to define the scope of presidential powers and strike down state laws that violate the Constitution.
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Frequently asked questions
The Federal Judiciary is the national judiciary system of the United States, established by the Judiciary Act of 1789.
The Federal Judiciary is responsible for interpreting and applying the law, as well as resolving disputes and ensuring justice is served. It is also tasked with reviewing the constitutionality of legislation enacted by Congress and the actions of the executive branch.
The Federal Judiciary consists of the Supreme Court and inferior courts, including district and circuit courts. The Supreme Court is the highest court in the land, with original and appellate jurisdiction over certain cases.
Federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate. They typically hold office for life and receive a fixed salary that cannot be decreased during their term.
The Federal Judiciary has largely adhered to the principles outlined in the Constitution. It has played a crucial role in interpreting and upholding the Constitution, particularly through judicial review. However, critics argue that certain practices, such as "reasonableness review", may substitute the judgment of courts for that of elected officials, potentially undermining democratic principles.
