Omar Bennett
The US Constitution establishes the judiciary as one of the three distinct branches of the federal government, alongside the legislative and executive branches. Article III of the Constitution establishes the federal judiciary and the Supreme Court, which is the highest court in the land. The Constitution also permits Congress to decide how to organise the Supreme Court and other federal courts. The judiciary's role is to interpret the law and decide whether the actions of legislators and officials are consistent with the Constitution, which is the 'supreme Law of the Land.
| Characteristics | Values |
|---|---|
| Judicial Power | Extended to all cases in law and equity arising under the Constitution, laws of the United States, and relevant treaties |
| Jurisdiction | Original jurisdiction over cases involving ambassadors, other public ministers, and consuls, as well as controversies between states and certain maritime cases |
| Appellate Jurisdiction | Ability to hear appeals in almost any case involving a point of constitutional or federal law |
| Independence | Justices hold office for life, and their salaries cannot be decreased during their term to protect independence from political branches |
| Judicial Review | Power to decide on the constitutionality of federal laws and the actions of legislators and officials |
| Checks and Balances | Cooperates with the legislative and executive branches to maintain a balance of power |
| Last Resort | As the highest court, it is the court of last resort for those seeking justice |
| Civil Rights | Protects civil rights and liberties by striking down laws that violate the Constitution |
| Democratic Limits | Ensures popular majorities cannot pass laws that harm or take advantage of minorities |
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What You'll Learn
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 section establishes the Supreme Court and recognises Congress's power to create lower federal courts and organise the Supreme Court's structure. The Judiciary Act of 1789, passed by Congress, established a Supreme Court with six justices and created the lower federal court system.
Article III, Section II defines the jurisdiction of the Supreme Court, outlining when it has original and appellate jurisdiction. The Court has original jurisdiction over cases involving ambassadors, other public ministers, and suits between two or more states. It has appellate jurisdiction over almost all other cases involving constitutional or federal law, including those where the US is a party and those involving treaties.
The Constitution ensures the independence of the judiciary by providing that judges "shall hold their offices during good behaviour" and protecting their salaries during their term. This safeguards the judiciary from political influence and ensures its role as a check on the other branches of government.
The Supreme Court, as the highest court in the land, is the final arbiter of justice and interpreter of the Constitution. It plays a crucial role in ensuring each branch of government respects its limits and protecting civil rights and liberties.
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The Supreme Court is the highest court
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 establishes the federal judiciary and empowers Congress to decide on the organisation of the Supreme Court and the structure of the lower federal court system.
The Supreme Court's role as the highest court is further emphasised by its jurisdiction, which includes original and appellate jurisdiction. Original jurisdiction refers to cases tried directly before the Court, such as suits between states or cases involving ambassadors. The Court's appellate jurisdiction allows it to hear cases on appeal, including those involving constitutional and federal law, treaties, and admiralty cases.
The Judiciary Act of 1789 granted the Supreme Court original jurisdiction to issue writs of mandamus, compelling government officials to act according to the law. However, the Supreme Court noted that the Constitution did not permit it to have original jurisdiction in this matter, establishing the Constitution as the supreme law of the land.
As the highest court, the Supreme Court holds the power of judicial review, ensuring that each branch of government recognises its limits and that laws comply with the Constitution. It acts as the court of last resort for those seeking justice and plays a crucial role in protecting civil rights and liberties by striking down laws that violate constitutional rights.
The Supreme Court consists of one Chief Justice and eight Associate Justices, and they typically hold office for life with their salaries protected during their term. This independence from political branches is essential to maintaining the integrity of the judiciary and ensuring its role as the final arbiter of justice in the country.
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The judiciary's power extends to all cases
Article III of the U.S. Constitution establishes the judiciary as one of the three distinct branches of the federal government, alongside the legislative and executive branches. This system of "checks and balances" ensures that while each branch operates separately, they must also cooperate.
The Constitution outlines the judiciary's role and powers, 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 establishes the Supreme Court as the highest court in the land and recognises its power to review cases and make rulings.
The Supreme Court has original jurisdiction over certain types of cases, such as those affecting ambassadors and controversies between states. This means that these cases are tried before the Supreme Court directly. For most other cases, the Supreme Court has appellate jurisdiction, meaning it can hear appeals on decisions made by lower courts.
The federal judiciary's role is significant in maintaining the balance of power between the branches of government. Through judicial review, the judiciary ensures that the legislative and executive branches act within the limits set by the Constitution, striking down laws that violate it and protecting civil rights and liberties. This power of judicial review has been a subject of debate since the Founding, with critics arguing that it gives too much power to the courts.
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Judges are appointed by the President
Article III of the U.S. Constitution establishes the judiciary as one of the three distinct branches of the federal government, alongside the legislative and executive branches. This system of "checks and balances" ensures that each branch has its own roles and areas of authority, with the judiciary's primary role being to interpret the law and decide cases.
The Constitution gives the President the power to appoint judges to the Supreme Court and other federal courts. The President's role in appointing judges is significant as it helps ensure the independence of the judiciary from the other branches of government. The judiciary's independence is further safeguarded by the provision that judges “shall hold their offices during good behaviour” and that their salaries “shall not be diminished during their continuance in office." This means that judges typically hold office for life and their salaries cannot be decreased during their term, protecting them from external influences and ensuring impartial decision-making.
The Supreme Court, established by Article III, is the highest court in the land and serves as the final arbiter of justice. It has original jurisdiction over certain cases, such as those involving multiple states or ambassadors, and appellate jurisdiction over almost all other cases involving constitutional or federal law. The Court's power of judicial review is essential for maintaining the balance of power between the branches of government and protecting civil rights and liberties.
The number of seats on the Supreme Court has varied over time, ranging from five to ten justices. Since the Civil War, the number has been fixed at nine, consisting of one Chief Justice and eight Associate Justices. The Court's decisions can shape the nation's laws and policies, demonstrating the importance of the President's role in appointing qualified and impartial judges.
In summary, the President's power to appoint judges to the judiciary, as outlined in Article III of the Constitution, is a key aspect of the U.S. system of government. It helps ensure the independence of the judiciary and the proper functioning of the checks and balances between the branches of government. The President's appointments to the Supreme Court, in particular, can have a significant impact on the interpretation and enforcement of the nation's laws.
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Judicial review ensures government branches recognise their limits
The U.S. Constitution establishes the judiciary as one of the three separate and distinct branches of the federal government, alongside the legislative and executive branches. Article III of the Constitution establishes and empowers the judicial branch, which includes the Supreme Court and inferior courts ordained and established by Congress.
The Constitution grants the judiciary the authority to exercise judicial review, which involves deciding whether the actions of legislators and officials are consistent with the Constitution, thereby ensuring that all branches of the federal government recognise and abide by the limits of their power as set out in the Constitution.
The Supreme Court is the highest court in the United States and has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It also has appellate jurisdiction 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, or legal orders compelling government officials to act in accordance with the law. The Court has also established its authority to strike down state laws found to be in violation of the Constitution.
Through its power of judicial review, the Supreme Court plays a crucial role in maintaining the balance of power between the branches of government and protecting civil rights and liberties. It ensures that popular majorities cannot pass laws that infringe on the rights of unpopular minorities.
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Frequently asked questions
Article III of the Constitution establishes the judiciary as one of the three separate and distinct branches of the federal government. It says 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 judiciary's main role is to interpret the law and decide whether the actions of legislators and officials are consistent with the Constitution.
The Supreme Court is the highest court in the United States and the court of last resort for those seeking justice. It has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost all other cases involving a point of constitutional or federal law.
The judiciary plays an important role in ensuring that each branch of government recognizes the limits of its power and acts within the framework set by the Constitution. It also protects civil rights and liberties by striking down laws that violate the Constitution.
One of the challenges faced by the judiciary is that it has been described as the weakest branch of government due to its lack of influence over the other branches. There are also debates about the power of judicial review and whether it gives too much power to the courts.
