Eleanor Finch
The Judicial Branch of the US government, established by Article III of the Constitution, comprises the Supreme Court and inferior courts ordained by Congress. The Supreme Court is the highest court in the nation, with one Chief Justice and eight Associate Justices appointed by the President and confirmed by the Senate. The Judicial Branch ensures that each branch of government recognizes its power limits and protects civil rights and liberties by striking down laws that violate the Constitution. The Supreme Court has the power of judicial review, enabling it to declare acts of the Legislative or Executive branch unconstitutional. Federal courts interpret the law, determine its constitutionality, and apply it to individual cases, with the Supreme Court serving as the final judicial arbiter on matters of federal law.
| Characteristics | Values |
|---|---|
| Highest court in the land | Supreme Court |
| Power to hear cases on appeal | Supreme Court |
| Court of last resort | Supreme Court |
| Power of judicial review | Supreme Court |
| Protection of civil rights and liberties | Supreme Court |
| Sets limits on democratic government | Supreme Court |
| Number of justices | 9 Justices, including one Chief Justice |
| Appointment of justices | Appointed by the President and confirmed by the Senate |
| Tenure of justices | Life tenure |
| Jurisdiction | All Cases in Law and Equity arising under the Constitution |
| Jurisdiction | Cases affecting ambassadors, ministers, and consuls |
| Jurisdiction | Cases of admiralty and maritime jurisdiction |
| Jurisdiction | Controversies to which the United States is a party |
| Jurisdiction | Controversies between citizens of different states |
| Jurisdiction | Cases involving treaties |
| Inferior courts | Established by Congress |
| Inferior courts | Bound by the decisions of the Supreme Court |
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What You'll Learn
- The Supreme Court is the highest court in the land
- The Judicial Branch is established by Article III of the Constitution
- The Judicial Branch is appointed by the President and confirmed by the Senate
- Federal laws are passed by Congress and signed by the President
- The Judicial Branch has the power to declare acts in violation of the Constitution
The Supreme Court is the highest court in the land
The Supreme Court is the highest court in the United States. It is the only part of the federal judiciary that is specifically required by the Constitution, which establishes the Court in Article III. This article also grants Congress the power to determine the shape and structure of the federal judiciary, including the number of Supreme Court justices. The Judiciary Act of 1789, for example, created a Supreme Court with six justices. Since 1869, there have been nine justices, including one Chief Justice and eight Associate Justices.
The Supreme Court's main role is to decide if laws are constitutional. 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 mentioned in the Constitution, but the Court has established its authority to strike down state laws found to be unconstitutional. The Supreme Court also has original jurisdiction in all cases affecting ambassadors, other public ministers, and consuls, and in cases in which a state is a party. In almost all other cases, the Court has appellate jurisdiction, meaning it can hear the case on appeal.
The Supreme Court is the court of last resort for those seeking justice. Its decisions cannot be appealed to any authority, as it is the final judicial arbiter in the United States on matters of federal law. The Court's decisions have a significant impact on society, as it ensures that the changing views of the majority do not undermine fundamental values such as freedom of speech, freedom of religion, and due process of law.
The justices of the Supreme Court are nominated by the President, confirmed by the Senate, and hold their offices for life. This is to protect the independence of the judiciary from political pressure. Justices may remain in office until they resign, pass away, or are impeached and convicted by Congress.
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The Judicial Branch is established by Article III of the Constitution
The Judicial Branch is established by Article III of the US Constitution, which outlines the judicial power of the United States and the creation of the Supreme Court.
Article III, Section 1 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." This section establishes the Supreme Court as the highest court in the nation, with the power to interpret the law, determine the constitutionality of laws, and apply them to individual cases. The Supreme Court's main responsibility is to decide if laws are constitutional and to ensure that each branch of government recognises its own power limits.
While the Constitution establishes the Supreme Court, it gives Congress the authority to decide how to organise it and determine the shape and structure of the federal judiciary. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices. Over the years, Congress has altered the number of seats, with the current number of nine justices (one Chief Justice and eight Associate Justices) in place since 1869.
Article III also guarantees the right to a fair trial before a competent judge and a jury of one's peers for every person accused of wrongdoing. This ensures that individuals' civil rights and liberties are protected within the judicial system.
The judicial branch operates within a constitutional system of "checks and balances," where each branch formally separates from the others, yet cooperation among them is often required. For example, federal laws are passed by Congress and signed by the President, while the judicial branch has the authority to review and decide on the constitutionality of those laws. This system ensures that no single branch of government holds excessive power and that the fundamental values of freedom of speech, religion, and due process are upheld.
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The Judicial Branch is appointed by the President and confirmed by the Senate
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch is made up of the Supreme Court and other federal courts.
Article III of the Constitution establishes the judicial branch of government with the creation of the Supreme Court. The Supreme Court is the highest court in the nation and is vested with the judicial powers of the government. It has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution.
The members of the Judicial Branch are appointed by the President and confirmed by the Senate. This includes federal judges and justices of the Supreme Court. The President nominates the Justices of the Supreme Court, who are then confirmed by the Senate. The President also appoints inferior officers, while Congress may allow the appointment of inferior officers by the President alone, by the heads of departments, or by the Judiciary.
The appointment process is a check that the legislative and executive branches have against the judicial branch. It ensures that the judicial branch is not entirely independent, as it provides a mechanism for the other two branches to influence the composition of the judiciary.
The independence of the judiciary is further protected by restrictions such as the inability to decrease justices' salaries during their term of office and the fact that justices typically hold office for life.
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Federal laws are passed by Congress and signed by the President
A bill can originate in either the House of Representatives or the Senate. A bill originating in the House of Representatives is designated "H.R.", followed by a number, while a Senate bill is designated "S.", followed by a number. Once a bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. If the bill passes, both bodies must then work out any differences between the two versions. Once they have agreed on the same version of the bill, both chambers vote on it. If it passes, they present it to the President.
The President then considers the bill. The President can approve the bill and sign it into law. Or, the President can refuse to approve a bill by vetoing it. If the President vetoes a bill, Congress can vote to override that veto, and the bill becomes a law. However, if the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, which is called a "pocket veto", and it cannot be overridden by Congress.
The Constitution establishes the judicial branch of the government with the creation of the Supreme Court. The Supreme Court is the highest court in the nation and is vested with the judicial powers of the government. It has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. The Supreme Court's main job is to decide if laws are constitutional and protect civil rights and liberties by striking down laws that violate the Constitution.
The Supreme Court also has appellate jurisdiction, which means it can hear cases on appeal that involve a point of constitutional and/or federal law. For example, the Court can hear 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).
In addition to the Supreme Court, there are lower Federal courts that were established by Congress using power granted from the Constitution.
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The Judicial Branch has the power to declare acts in violation of the Constitution
Article III of the US Constitution establishes the judicial branch of government with the creation of the Supreme Court. The Supreme Court is the highest court in the nation and is vested with the judicial powers of the government. The judicial branch has the power to declare acts in violation of the Constitution. This power is known as judicial review.
The Supreme Court's main job is to decide if laws are constitutional. It plays an essential role in ensuring that each branch of government recognizes the limits of its own power. The Court's power of judicial review allows it to strike down laws that violate the Constitution, protecting civil rights and liberties. The Court also sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.
The Supreme Court has original jurisdiction in cases affecting ambassadors, other public ministers, and consuls, and in cases in which a state is a party. In all other cases, the Court has appellate jurisdiction, meaning it can hear cases on appeal. The Court's caseload is mostly appellate in nature, and its decisions cannot be appealed to any authority as it is the final judicial arbiter in the United States on matters of 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 established its authority to strike down state laws found to be in violation of the Constitution. Federal courts, including the Supreme Court, have the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases.
The judicial branch, including the Supreme Court and lower federal courts, operates within a constitutional system of checks and balances. This means that while the branches are formally separate, they must also cooperate. Federal laws, for example, are passed by Congress and signed by the President, but the judicial branch has the authority to decide the constitutionality of those laws. The independence of the judiciary from political branches of government is protected by various restrictions, such as life tenure for judges and protections against salary decreases during their term of office.
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Frequently asked questions
The judicial branch is one of the three branches of the US government, alongside the legislative and executive branches. It operates within a constitutional system of "checks and balances", meaning that each branch has its own roles and areas of authority. The judicial branch's main role is to decide if laws are constitutional and to ensure that each branch of government recognises the limits of its own power.
The judicial branch checks the constitution through the Supreme Court, which has the power of judicial review. This means that the Supreme Court can declare a Legislative or Executive act in violation of the Constitution. The Supreme Court also has the power to strike down state laws found to be in violation of the Constitution.
The Supreme Court is the highest court in the US and the only part of the federal judiciary specifically required by the Constitution. It was established by Article III of the Constitution, which also authorised Congress to pass laws establishing a system of lower courts. The Supreme Court has original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state is a party. It has appellate jurisdiction in almost any other case that involves a point of constitutional and/or federal law.
The Supreme Court consists of nine Justices, including one Chief Justice and eight Associate Justices. The Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. They are appointed to protect the independence of the judiciary from the political branches of government.
