Simone Lawson
The Constitution of the United States, in Article III, establishes and empowers the judicial branch of the national 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. This provision ensures the establishment of a Supreme Court and grants Congress the authority to decide on the organisation of the Supreme Court and the creation of other federal courts. In 1789, one of the first acts of the new Congress was to establish a Federal court system through the Judiciary Act, which was signed by President Washington. This act created a Supreme Court with six justices and also established the lower federal court system, marking the beginning of a national judiciary that the founders of the new nation considered a crucial task.
| Characteristics | Values |
|---|---|
| Federal court system established | 1789 |
| Federal judiciary established | 1789 |
| Federal judiciary acts as the highest court in the land | |
| Federal judiciary acts as the court of last resort | |
| Federal judiciary ensures each branch of government recognizes the limits of its power | |
| Federal judiciary protects civil rights and liberties | |
| Federal judiciary sets limits on democratic government | |
| Federal judiciary ensures that the changing views of the majority do not undermine fundamental values | |
| Federal judiciary decisions impact society at large | |
| Federal judiciary appoints justices | Appointed for life |
| Federal judiciary appoints justices | Appointed by the President |
| Federal judiciary appoints justices | Confirmed by the Senate |
| Federal judiciary justices' salaries | Cannot be decreased during their term of office |
| Federal judiciary acts as a national judiciary | |
| Federal judiciary acts as a three-level system | |
| Federal judiciary acts as a separate entity from the legislature and the executive | |
| Federal judiciary has six justices |
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What You'll Learn
The Judiciary Act of 1789
The Act set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices. The Supreme Court was given exclusive original jurisdiction over all civil actions between states, or between a state and the United States, as well as over all suits and proceedings against ambassadors. The Judiciary Act of 1789 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
The Supreme Court of the United States has original jurisdiction in a small class of cases described in Article III, Section 2, of the United States Constitution. This is further delineated by statute. 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).
Article III, Section 2 of the Constitution grants the Supreme Court original jurisdiction over select cases, namely those affecting ambassadors, other public ministers and consuls, and those in which one of the 50 states is a party. For these types of cases, the parties can bring their controversy directly to the Supreme Court, though the Supreme Court still has discretion as to whether or not to hear the case. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g. suits between two or more states and/or cases involving ambassadors and other public ministers.
The Supreme Court plays a very important 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. Due to its power of judicial review, it ensures that each branch of government recognizes the limits of its own power. It protects civil rights and liberties by striking down laws that violate the Constitution. It also sets appropriate limits on democratic governments by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities.
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The federal judiciary
The Constitution grants Congress the authority to decide on the organisation of the Supreme Court and other federal courts. In 1789, one of the first acts of the new Congress was to establish a federal court system through the Judiciary Act, signed by President Washington. This act created a Supreme Court with six justices and established the lower federal court system. The Judiciary Act also gave the Supreme Court original jurisdiction to issue writs of mandamus and granted it appellate jurisdiction in cases from federal circuit courts and state courts where federal claims were rejected.
Justices of the federal judiciary, like all federal judges, are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. These measures protect the judiciary's independence from political influence. The federal judiciary's jurisdiction covers cases arising under the Constitution, laws of the United States, treaties, admiralty, and maritime issues, as well as controversies involving the US government, multiple states, or citizens of different states.
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The role of Congress
The Constitution establishes the federal judiciary system, with Article III, Section I stating:
> "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 thus permits Congress to decide how to organize the Supreme Court and other federal courts. Congress first exercised this power in the Judiciary Act of 1789, creating a Supreme Court with six justices and establishing the lower federal court system. This act also gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law).
Congress has continued to build on the Judiciary Act of 1789, exercising discretionary power to expand or restrict Federal court jurisdiction. 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. The number of seats was fixed at nine shortly after the Civil War, and today there is one Chief Justice and eight Associate Justices.
Congress has also created several Article I courts that are not part of the Third Branch, including the U.S. Court of Appeals for Veterans Claims, the U.S. Court of Appeals for the Armed Forces, and the U.S. Tax Court.
Congress has the power to regulate the jurisdiction of all Federal courts, and it has used this power to address questions raised by Article III of the Constitution, which deals with the judiciary branch of government. For example, in the Judiciary Act of 1789, Congress established a limited jurisdiction for the district and circuit courts and granted the Supreme Court original and appellate jurisdiction in specific cases.
In addition to establishing and organizing federal courts, Congress plays a crucial role in the appointment of federal judges. Like all federal judges, Supreme Court justices are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term to protect the independence of the judiciary.
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The three-level federal court system
The Supreme Court is the highest court in the land and the court of last resort. It has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors. The Court also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law. The Supreme Court plays a crucial role in ensuring that each branch of government recognises its own power limits and protects civil rights and liberties by striking down laws that violate the Constitution.
The second level of the federal court system is comprised of the 13 appellate courts, also known as the U.S. Courts of Appeals. These courts are tasked with reviewing the decisions of the lower district courts to determine if the law was applied correctly. They are not trial courts and do not hear cases for the first time. Instead, they hear appeals from the district courts and, occasionally, from the state courts.
The third level of the federal court system consists of the 94 district courts, also known as the trial courts. These are the federal courts where witnesses testify and federal juries serve. District courts resolve disputes by determining the facts and applying the law to those facts. Every state has at least one federal district, and some have up to four. Additionally, there are separate bankruptcy courts within the district courts, which have exclusive jurisdiction over bankruptcy cases.
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Frequently asked questions
Article III of the Constitution establishes and empowers the judicial branch of the national government. The first sentence of Article III states: "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 gave Congress the power to create a federal court system, which it did through the Judiciary Act of 1789.
The federal court system has three levels: trial courts, courts of appeals, and the Supreme Court. The Supreme Court is the highest court in the land and serves as the court of last resort for those seeking justice.
The Supreme Court plays a crucial role in the constitutional system of government. Firstly, it is the court of last resort, providing justice to those who need it. Secondly, through its power of judicial review, it ensures that each branch of government recognizes its own power limits. Thirdly, it safeguards civil rights and liberties by striking down laws that violate the Constitution. Lastly, it sets limits on democratic governments, ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities.
