Simone Lawson
The US Constitution establishes the judicial branch as one of three separate and distinct branches of the federal government, alongside the legislative and executive branches. This system of checks and balances ensures that no single branch of government accumulates excessive power, safeguarding the principles of democracy and the rule of law. The judicial branch is outlined in Article III of the Constitution, which establishes the Supreme Court and gives Congress the power to create lower courts as needed. The Supreme Court plays a crucial role in this system, as it has the power of judicial review, allowing it to decide the constitutionality of federal laws and ensure that each branch of government recognizes the limits of its power.
| Characteristics | Values |
|---|---|
| Separation of powers | The judicial branch is one of the three separate and distinct branches of the federal government, alongside the legislative and executive branches. |
| Checks and balances | The judicial branch works with the legislative and executive branches to uphold their respective roles in governing the nation and protecting the rights of citizens. |
| Supreme Court | The Constitution establishes the Supreme Court as the highest court in the land, with one Chief Justice and eight Associate Justices. |
| Inferior courts | The Constitution permits Congress to create lower courts, or "inferior courts", as necessary. |
| Jurisdiction | The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. |
| Judicial review | The Supreme Court has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. |
| Tenure | Judges serve during "good behaviour" and receive a salary that cannot be reduced during their term of office, protecting their independence. |
| Trial by jury | The Constitution guarantees the right to a trial by jury for all crimes, except in cases of impeachment. |
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What You'll Learn
The Supreme Court
Article III of the U.S. Constitution establishes the federal judiciary and outlines the types of cases that federal courts can hear. It 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 number of seats on the Supreme Court has varied over the years, ranging from five to ten justices. Currently, there is a fixed number of nine justices, consisting of one Chief Justice and eight Associate Justices. The justices are appointed by the President and confirmed by the Senate, typically serving for life with their salaries protected during their term.
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Congress and the lower courts
The US Constitution establishes a system of checks and balances between the three branches of the federal government: the legislative, executive, and judicial. The judicial branch, established by Article III of the Constitution, is responsible for interpreting the law and ensuring that the other branches do not exceed their constitutional powers.
Article III vests judicial power in a Supreme Court and outlines the types of cases federal courts can hear. It also permits Congress to establish inferior courts, or lower federal courts, as needed. This power was first exercised through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
Congress has the authority to pass laws organising the structure and jurisdiction of the lower courts. There are currently 13 appellate courts, or US courts of appeals, that sit below the Supreme Court. These courts determine whether the law was correctly applied in the trial court or federal administrative agency. The US also has 94 district or trial courts, known as US district courts, which resolve disputes by applying the relevant facts to the law. Additionally, there are 90 bankruptcy courts that assist individuals and businesses unable to pay their debts.
The judicial branch plays a crucial role in maintaining the balance of power between the branches of government. It has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws. The Supreme Court, in particular, serves as the highest court and the court of last resort for those seeking justice. It also protects civil rights and liberties by striking down unconstitutional laws and setting limits on democratic government to prevent the majority from taking advantage of minorities.
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Separation of powers
The US Constitution establishes a system of separation of powers, dividing the federal government into three distinct branches: the legislative, executive, and judicial. This system, also known as "checks and balances", ensures that no single branch holds excessive power and that each branch has its own roles and areas of authority.
Article III of the Constitution specifically establishes the judicial branch, which includes the Supreme Court and inferior courts created by Congress as needed. The Supreme Court, as the highest court in the land, is the court of last resort for those seeking justice. It plays a crucial role in maintaining the balance of power among the three branches through its power of judicial review, which allows it to determine the constitutionality of federal laws and ensure that each branch recognises the limits of its power.
The judicial branch's structure and function outline its interaction with the other branches. While each branch operates independently, they often must cooperate. For example, federal laws are passed by Congress and signed by the President, but the judicial branch can review these laws and determine their constitutionality. The judiciary's power of judicial review is not explicitly granted in the Constitution but was established in the Marbury v. Madison case in 1803.
The independence of the judiciary is protected through several measures. Judges are appointed by the President and confirmed by the Senate, typically serving for life with salaries that cannot be decreased during their term. These safeguards ensure that judges are free from pressure or influence from other branches of government and can make decisions based on the law and constitutional principles.
The separation of powers and checks and balances system established by the Constitution is designed to prevent tyranny, ensure a fair system of justice, and protect the rights of citizens. It allows for collaboration and oversight among the branches, promoting effective governance while upholding the principles of democracy and the rule of law.
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Judicial review
Article III of the US Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. The three branches—legislative, executive, and judicial—operate within a constitutional system of "checks and balances". This means that while each branch is formally separate from the other two, they must often cooperate. For example, federal laws are passed by Congress and signed by the President. The judicial branch, in turn, has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws.
The Constitution establishes the Supreme Court and permits Congress to decide how to organise it. 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. The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice.
The Supreme Court's power of judicial review plays a crucial role in ensuring that each branch of government recognises the limits of its power. Judicial review refers to the ability of the Court to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly granted in the Constitution but was established in 1803 in a case called Marbury v. Madison. When the Supreme Court rules on a case, it often involves deciding whether a law violates the Constitution.
The decisions of the Supreme Court have a significant impact on society. The Court protects civil rights and liberties by striking down laws that violate the Constitution. It also ensures that popular majorities cannot pass laws that harm or take advantage of unpopular minorities. In this way, the Court safeguards fundamental values such as freedom of speech, freedom of religion, and due process of law.
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Judges' independence
The US Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government, alongside the legislative and executive branches. This system of checks and balances ensures that no single branch accumulates excessive power and safeguards democratic principles and the rule of law.
The Constitution's Article III establishes the judicial branch, vesting power in the Supreme Court and outlining the types of cases federal courts can hear. The Supreme Court is the highest court and the court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of government recognises the limits of its power.
The Framers of the Constitution sought to create a balanced government that avoided tyranny and ensured a fair system of justice. They shared a commitment to an independent judiciary, viewing it as an indispensable part of a well-organised republican government. The importance of an independent judiciary was also recognised in the newly independent states, which established judiciaries as models for the Federal Convention.
To protect the independence of the judiciary, judges are appointed for life and their salaries cannot be decreased during their term. These safeguards ensure that judges are free from pressure exerted by other branches of government or temporary popular majorities. This independence enables judges to enforce the Constitution and protect equal rights for citizens in each state.
The Supreme Court's power of judicial review is essential in maintaining the balance of power between the branches. This power allows the Court to determine if a law violates the Constitution and provides checks and balances on the legislative and executive branches.
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Frequently asked questions
The judicial branch is one of the three separate and distinct branches of the federal government, alongside the legislative and executive branches. It is responsible for interpreting the law and deciding the constitutionality of federal laws.
The judicial branch is headed by the Supreme Court, which is the highest court in the land. Below the Supreme Court are 13 appellate courts or courts of appeals, and 94 district or trial courts. There are also 90 bankruptcy courts.
The Constitution safeguards the independence of the judiciary through a system of checks and balances, ensuring no single branch accumulates excessive power. Judges are appointed for life and their salaries cannot be decreased during their term, protecting them from pressure from other branches of government.
