Omar Bennett
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch includes the Supreme Court and other federal courts. The Constitution establishes the Supreme Court but allows Congress to decide how to organize it. The judicial branch has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. However, Congress has the power to declare the punishment for treason and can also alter the number of seats on the Supreme Court. The judicial branch's power is limited by the system of checks and balances, where each branch can respond to the actions of the other branches.
| Characteristics | Values |
|---|---|
| Separation of Powers | Congress violates the separation of powers when it attempts to alter final judgments of Article III courts. |
| Jurisdiction | The Constitution must give courts the capacity to receive jurisdiction, and an act of Congress must confer it. |
| Judicial Review | The Supreme Court can declare a Legislative or Executive act in violation of the Constitution. |
| Independence of the Judiciary | Justices are appointed by the President and confirmed by the Senate. They hold office for life, and their salaries cannot be decreased during their term. |
| Checks and Balances | Each branch of government can change acts of the other branches. |
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What You'll Learn
Separation of powers
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much power.
The judicial branch, established by Article III of the Constitution, includes the Supreme Court and other federal courts. The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It has the power of judicial review, which means it can declare a legislative or executive act in violation of the Constitution. This power is not explicitly granted by the Constitution but was established in the landmark case of Marbury v. Madison in 1803.
The judicial power of the United States is vested in the Supreme Court and inferior federal courts created by Congress. The Constitution establishes the Supreme Court, but it permits Congress to decide how to organize it. 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.
The independence of the judiciary is protected by certain restrictions, such as the appointment of federal judges and justices by the President and their confirmation by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term.
The judicial branch provides checks and balances on the legislative and executive branches by reviewing the constitutionality of laws and ensuring that each branch recognizes the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution and setting appropriate limits on democratic government.
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Judicial review
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch includes the Supreme Court and other federal courts.
Article III 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." This article authorises Congress to create a judicial department composed of "'inferior' courts" and "one Supreme Court."
The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It has the power of judicial review, which is 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 in the landmark case of Marbury v. Madison in 1803.
The independence of the judiciary is protected by certain restrictions, such as the appointment of justices for life terms and the guarantee of undiminished salaries during their term of office. These measures safeguard the judicial branch's autonomy from potential political influence.
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Congress's authority
Congress first exercised this authority through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over time, Congress has altered the number of seats on the Supreme Court through various acts, with the number fluctuating between five and ten. Today, the Supreme Court consists of one Chief Justice and eight Associate Justices.
In addition to determining the size and structure of the Supreme Court, Congress also has the power to create inferior federal courts. These courts are subject to the Supreme Court's appellate jurisdiction, which allows the Supreme Court to review their decisions. However, Congress's authority over the judiciary is limited by the separation of powers principle. For example, in Plaut v. Spendthrift Farm, Inc., the Supreme Court held that Congress cannot disturb the final judgments of Article III courts.
Furthermore, Congress's authority in the judicial branch is balanced by the powers of the executive branch. The President nominates the justices of the Supreme Court, who are then confirmed by the Senate. The President can also veto legislation created by Congress, and Congress can remove the President from office in exceptional circumstances. This system of checks and balances ensures that no single branch of government holds too much power.
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Jurisdiction
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much power.
The judicial branch, which includes the Supreme Court and other federal courts, has jurisdiction over cases in law and equity that arise under the Constitution, laws of the United States, and treaties made under their authority. This includes cases affecting ambassadors, public ministers, and consuls, as well as those involving admiralty and maritime jurisdiction. The Supreme Court has original jurisdiction in cases affecting ambassadors, public ministers, and consuls, and in those where a state is a party. In all other cases, the Supreme Court has appellate jurisdiction, meaning it can hear cases on appeal.
The Constitution establishes the Supreme Court but permits Congress to decide how to organize it. 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. The number of seats on the Supreme Court has varied over time, but since shortly after the Civil War, it has been fixed at nine justices: one Chief Justice and eight Associate Justices.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court in the land, it is the final arbiter for those seeking justice. Its power of judicial review ensures that each branch of government recognizes its limits and protects civil rights and liberties by striking down laws that violate the Constitution.
The distinction between judicial power and jurisdiction is important. While all judicial power is vested in the Supreme Court and inferior federal courts, they are not vested with all possible jurisdiction. Two prerequisites to jurisdiction are that the Constitution must give the courts the capacity to receive it, and an act of Congress must confer it. This means that litigants must establish that jurisdiction exists for their case to be heard.
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Independence of judiciary
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch includes the Supreme Court and other federal courts. The Constitution establishes the Supreme Court but permits Congress to decide how to organise it. The Judiciary Act of 1789, enacted by Congress, created a Supreme Court with six justices and established the lower federal court system.
The independence of the judiciary is protected by various measures. For example, federal judges, including 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. These restrictions safeguard the judiciary's independence from political interference.
The Supreme Court, as the highest court in the land, is the final arbiter of justice. Its power of judicial review ensures that each branch of government recognises its limits. This power, established in Marbury v. Madison (1803), allows the Court to declare acts of Congress and the Executive unconstitutional. The Court's decisions have a significant impact on society, protecting civil rights and liberties and setting limits on democratic government to safeguard fundamental values such as freedom of speech and religion.
While the Supreme Court has original jurisdiction in specific cases, such as those involving ambassadors, it primarily exercises appellate jurisdiction. This means it can hear cases on appeal involving constitutional or federal law, including treaties and admiralty cases. The Certiorari Act of 1925 grants the Court discretion in deciding whether to hear these cases.
In conclusion, the Constitution limits the judicial branch's power by delineating its structure, jurisdiction, and role in checking the other branches. The independence of the judiciary is safeguarded through measures such as judicial appointments, tenure, and salary protections. The Supreme Court's power of judicial review and its role as the final arbiter of justice further reinforce the independence and authority of the judicial branch within the constitutional framework.
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Frequently asked questions
The Supreme Court is the highest court in the land and acts as a court of last resort for those seeking justice. It also has the power of judicial review, which allows it to ensure that each branch of government recognises the limits of its power.
Judicial review is the process by which the judiciary ensures that the legislative and executive branches of government do not exceed their powers. It involves the Supreme Court deciding on the meaning of laws, how they are applied, and whether they violate the Constitution.
The Constitution establishes the Supreme Court but permits Congress to decide how to organise it. For example, Congress can determine the number of seats on the Supreme Court. The Constitution also outlines the prerequisites for jurisdiction, which include the Constitution giving courts the capacity to receive it and an act of Congress conferring it.
The judicial branch and Congress have a system of checks and balances, where each branch can respond to the actions of the other. For example, Congress can alter statutes in response to court decisions, and the Supreme Court can declare acts of Congress unconstitutional.
The judicial branch, through its power of judicial review, can strike down laws that violate the Constitution and protect civil rights and liberties. It ensures that popular majorities cannot pass laws that harm or take advantage of unpopular minorities, thus safeguarding fundamental values such as freedom of speech and religion.
