Omar Bennett
The US Constitution establishes the federal judiciary, outlining the judicial power of the United States and its vesting in a supreme court and inferior courts. Article III, Section I of the Constitution 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. The Constitution also permits Congress to decide how to organise the Supreme Court, which it first did in the Judiciary Act of 1789. This Act created a Supreme Court with six justices and established the lower federal court system. The Supreme Court holds the power of judicial review, allowing it to declare a Legislative or Executive act in violation of the Constitution. The Court's authority to strike down state laws that violate the Constitution is essential in ensuring each branch of government recognises its power limits. The Constitution, through the Supreme Court, plays a crucial role in pursuing justice, one of the primary goals of democratic constitutions.
| Characteristics | Values |
|---|---|
| Establishes the federal judiciary | Article III of the Constitution |
| Determines the jurisdiction of the Supreme Court | Article III, Section I and Article II of the Constitution |
| Permits Congress to decide how to organize the Supreme Court | Article III, Section I of the Constitution |
| Grants the Supreme Court original jurisdiction to issue writs of mandamus | Judiciary Act of 1789 |
| Establishes the Supreme Court as the highest court and court of last resort | N/A |
| Ensures each branch of government recognizes its own power limits | N/A |
| Protects the independence of the judiciary from political branches | N/A |
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What You'll Learn
The Constitution establishes the federal judiciary
The US 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." This provision sets up a hierarchical judicial system with the Supreme Court at the top, followed by lower federal courts established by Congress.
Article III, Section I of the Constitution grants Congress the power to decide how to organise the Supreme Court and the lower federal courts. 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. Over time, Acts of Congress have altered the number of seats on the Supreme Court, with the current composition set at one Chief Justice and eight Associate Justices.
The Constitution also outlines the jurisdiction of the Supreme Court in Article III, Section II. The Court has original jurisdiction over specific cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear appeals on a wide range of cases involving constitutional, federal, and international law.
The Supreme Court's power of judicial review, established in the case of Marbury v. Madison (1803), is a crucial aspect of its authority. This power enables the Court to declare acts of Congress or the Executive branch unconstitutional, ensuring that each branch of government respects the limits of its power.
The establishment of the federal judiciary in the Constitution is a reflection of the document's purpose to "establish Justice." The independence of the judiciary, protected by provisions such as lifetime appointments and guaranteed salaries for justices, ensures that the judicial system can act as a check on the political branches and uphold the rights guaranteed by the Constitution.
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The Supreme Court's jurisdiction
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Article III, Section I of the US Constitution establishes the federal judiciary, 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."
Congress first organised the Supreme Court through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over time, the number of seats on the Court has varied, but since shortly after the Civil War, it has been fixed at nine: one Chief Justice and eight Associate Justices.
The Supreme Court has original jurisdiction (the legal ability to hear a case tried before the Court) over a narrow range of cases, including suits between two or more states, cases involving ambassadors and other public ministers, and those in which a state is a party. In 1906, the Court asserted its original jurisdiction to prosecute individuals for contempt of court in United States v. Shipp. The Court also has appellate jurisdiction (the ability to hear a case on appeal) on almost any other case that involves a point of constitutional and/or federal law. This includes cases to which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases). The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year.
The Supreme Court also has the power to consider appeals from state courts, not just federal courts. This power was created by the Judiciary Act of 1789 and upheld by rulings in Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821). The Court is the only federal court with jurisdiction over direct appeals from state court decisions.
The Supreme Court's most well-known power 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 text of the Constitution but was established by the Court in Marbury v. Madison (1803). The Court has also established its authority to strike down state laws found to be in violation of the Constitution.
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The Supreme Court's power of judicial review
The Supreme Court is the highest court in the United States, established by Article III of the Constitution, which also 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."
The Supreme Court's role as the final interpreter of the Constitution and the highest court in the land makes it an essential part of the constitutional system of government. Its decisions have a significant impact on society, shaping the laws and policies that govern the nation. The Court's power of judicial review ensures that the government's actions are in line with the Constitution and protects the rights and liberties of the people.
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The Supreme Court's authority over state laws
The Constitution establishes the federal judiciary through 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." This provision grants Congress the authority to decide the organisation of the Supreme Court and the broader federal court system.
Article III, Section II of the Constitution outlines the jurisdiction of the Supreme Court, determining the types of cases it can hear. The Court has original jurisdiction over specific cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction, enabling it to hear appeals on cases involving constitutional or federal law, including treaties and admiralty cases.
The Supreme Court's authority to strike down state laws that violate the Constitution is a significant aspect of its power. This authority was established in the case of Marbury v. Madison (1803), where the Court affirmed the supremacy of the Constitution over Acts of Congress. The passage of the Fourteenth Amendment in 1869 further expanded the Supreme Court's reach, making the provisions of the Bill of Rights applicable to the states, giving the Court the final say in interpreting Constitutional rights.
The Supreme Court's decisions have a profound impact on society, influencing not just lawyers and judges but also the general public, as illustrated in landmark cases such as Tinker v. Des Moines Independent School District (1969), which affirmed the rights of students to express their political views at school. The Court's power of judicial review ensures that all branches of the government respect their limits, highlighting the crucial role of the Supreme Court in the constitutional system of government.
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The Supreme Court's role in constitutional democracy
The Supreme Court is the highest court in the United States, established by Article III of the Constitution, which also 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."
The Supreme Court plays a crucial role in the constitutional democracy of the United States. Firstly, it is the court of last resort for those seeking justice. As the highest court in the land, it holds the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. This power, established in the case of Marbury v. Madison (1803), is not explicitly mentioned in the Constitution but has become a cornerstone of the Supreme Court's authority.
Secondly, the Supreme Court ensures that each branch of the government recognizes and respects the limits of its power. This includes the ability to strike down state laws found to be in violation of the Constitution, thus protecting civil rights and liberties. The Court's rulings on the applicability of the Bill of Rights to the states, following the passage of the Fourteenth Amendment in 1869, further solidified its role in safeguarding constitutional rights.
Additionally, the Supreme Court has original jurisdiction over specific cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction on almost any other case involving constitutional or federal law, including treaties and admiralty cases. The Certiorari Act of 1925 grants the Court discretion in choosing whether to hear these appellate cases.
The number of justices on the Supreme Court has varied over time, ranging from five to ten. However, since shortly after the Civil War, the number has been fixed at nine, consisting of one Chief Justice and eight Associate Justices. The justices typically hold office for life, and their salaries cannot be decreased during their term, ensuring the independence of the judiciary from political influence.
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Frequently asked questions
Article III of the US 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."
The Supreme Court is the highest court in the US and acts as the court of last resort for those seeking justice. It also has the power of judicial review, which means it can strike down state laws found to be in violation of the Constitution.
Justices typically hold office for life, and their salaries cannot be decreased during their term. These measures are intended to protect the independence of the judiciary from political branches of government.
