Eleanor Finch
The framers of the US Constitution intended for the Federal judiciary to function as the institutional custodian of justice. Article III of the Constitution establishes the federal judiciary, with one supreme court and inferior courts ordained by Congress. The Supreme Court is the highest court in the land, acting as the court of last resort for those seeking justice. Justices are appointed by the President and confirmed by the Senate, holding office for life with salaries that cannot be decreased. The 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 was established in the case of Marbury v. Madison in 1803, where the Court decided that an Act of Congress contrary to the Constitution could not stand.
| Characteristics | Values |
|---|---|
| The judiciary's power | Creating a system of Federal private law, joining with Congress and Federal agencies in administering regulations, defining property and privacy rights, and ordering social remedies validated by statutes and the Constitution |
| Federal judiciary | The institutional custodian of justice |
| Federal judicial power | The ability to declare Acts of Congress and State legislatures unconstitutional |
| Supreme Court | The highest court in the land, the court of last resort for those seeking justice |
| Jurisdiction | Original jurisdiction over certain cases, e.g., suits between two or more states, cases involving ambassadors and other public ministers; appellate jurisdiction on almost any other case involving a point of constitutional and/or federal law |
| Judicial review | The ability to declare a Legislative or Executive act in violation of the Constitution |
| Number of seats on the Supreme Court | One Chief Justice and eight Associate Justices |
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What You'll Learn
The US Constitution establishes the federal judiciary
Article III, Section I 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 grants Congress the power to decide how to organise the Supreme Court, and it first exercised this power through the Judiciary Act of 1789, creating a Supreme Court with six justices and establishing the lower federal court system. This act also gave the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act according to the law.
Article III, Section II establishes the jurisdiction of the Supreme Court, which includes original jurisdiction over cases between states, those involving ambassadors, and other public ministers. It also has appellate jurisdiction over almost any case involving a point of constitutional or federal law. The Supreme Court's most well-known power is judicial review, which is the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison in 1803.
The federal judiciary functions as the institutional custodian of justice, with its power including the creation of a system of Federal private law, joining Congress and Federal agencies in administering regulations, defining property and privacy rights, and ordering social remedies validated by statutes and the Constitution. The judiciary's most significant power is its ability to declare Acts of Congress and State legislatures unconstitutional.
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The Supreme Court's role in the constitutional era
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Article III of the Constitution establishes the federal judiciary, with Article III, Section I 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."
The Constitution establishes the Supreme Court, but it 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. Over the years, the number of seats on the Supreme Court has varied from five to ten. However, after the Civil War, the number was fixed at nine, which remains the current number of justices on the Court.
The Supreme Court has original jurisdiction over a narrow range of cases, such as those involving ambassadors, public ministers, and consuls, or cases in which a state is a party. It also has appellate jurisdiction over almost any case that involves a point of constitutional or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases.
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 was established in the landmark case of Marbury v. Madison in 1803, where the Court asserted its authority to invalidate a statute that violated a provision of the Constitution. The Court also has the authority to strike down state laws found to be in violation of the Constitution and to protect civil rights and liberties by ruling on the applicability of Constitutional rights to the states.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court in the land, it serves as the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of government recognises its limits and prevents the passage of laws that violate the Constitution or infringe on civil rights.
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Judicial review and the ability to declare acts unconstitutional
Judicial review is a fundamental principle in the US system of government, where the actions of the executive and legislative branches are subject to review by the judiciary. The judiciary can deem these actions invalid if they are found to be unconstitutional. This power of judicial review allows the Supreme Court to ensure that the other branches of government abide by the Constitution.
The text of the US Constitution does not explicitly grant the Supreme Court the power of judicial review. Instead, this power has been interpreted as implied, deriving from Article III and Article VI of the Constitution. Article III, Section I establishes the federal judiciary, and Article III, Section II outlines the Supreme Court's jurisdiction, or legal ability to hear a case. The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear a wide range of cases on appeal, including those involving constitutional or federal law.
The landmark case of Marbury v. Madison in 1803 was the first instance of the Supreme Court striking down an act of Congress as unconstitutional. Chief Justice John Marshall's famous statement in this case affirmed the judiciary's role: "It is emphatically the duty of the Judicial Department to say what the law is." This case established the precedent for judicial review and the Supreme Court's authority to interpret the Constitution as the supreme law of the land.
The concept of judicial review was extensively discussed by Alexander Hamilton in Federalist No. 78. Hamilton argued that the federal judiciary, under the Constitution, had the power to declare laws unconstitutional, thereby protecting the people against potential abuses of power by Congress. This idea of a “council of revision," which would include the president and federal judges, was proposed in the Virginia Plan. However, some delegates objected to the inclusion of federal judges, arguing that the judiciary already had sufficient power through its ability to declare laws unconstitutional.
The Supreme Court's power of judicial review has been further demonstrated in cases like Hylton v. United States (1796), where the Court considered the constitutionality of a federal tax on carriages, and Cooper v. Telfair (1800), where Justice Chase acknowledged the general opinion that the Supreme Court could declare acts of Congress unconstitutional. The Court's authority to strike down state laws that violate the Constitution was also established after the passage of the Fourteenth Amendment in 1869, further highlighting the crucial role of judicial review in ensuring justice and upholding the Constitution.
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The independence of the judiciary from political branches
Judicial independence is enshrined in the constitutions or laws of many countries, guaranteeing that the judiciary is free from executive and legislative influence. In the United States, the Constitution establishes the federal judiciary as a co-equal branch of government, with the power to review legislative action and declare Acts of Congress and State legislatures unconstitutional. This power of judicial review, established in the landmark case of Marbury v. Madison (1803), ensures that each branch of government recognises its own limits.
To protect the independence of the judiciary, judges are typically appointed for life and their salaries cannot be decreased during their term. In the US, federal judges are appointed by the President and confirmed by the Senate, but once appointed, they are independent of political control. This concept of life tenure for judges can be traced back to 18th-century England and is seen as promoting judicial independence by freeing judges to make rulings based on the law, even if those decisions are politically unpopular.
In some countries, judicial independence is further safeguarded by granting the judiciary the power to check the legislature. For example, in India, the Supreme Court has upheld the Basic Structure Doctrine, preventing Parliament from altering the Constitution's essential features, including judicial independence.
However, it is important to balance judicial independence with accountability. While a completely independent judiciary may be ideal in theory, in practice, judges may be susceptible to deciding cases based on personal prejudice or self-interest. Additionally, even a highly independent court, such as the US Supreme Court, may be reshaped by political forces and influenced by the wishes of a durable political majority over time.
Therefore, while judicial independence is a cornerstone of justice in the constitutional era, it is a complex issue that must be continually evaluated and protected through various mechanisms, including constitutional guarantees, appointment processes, and judicial powers.
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The jurisdiction of the Supreme Court
The Supreme Court has original jurisdiction over certain types of cases, such as suits between two or more states, cases involving ambassadors, and other public ministers. It also has the power to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law. In most other cases, the Court has appellate jurisdiction, meaning it can hear cases on appeal that involve a point of constitutional or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases.
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 was established in the case of Marbury v. Madison in 1803, where the Court held that an Act of Congress contrary to the Constitution could not stand. The Court also has the authority to strike down state laws found to be unconstitutional and to determine when a Constitutional right is violated.
The number of justices on the Supreme Court has varied over the years, ranging from five to ten. After the Civil War, the number was fixed at nine, including one Chief Justice and eight Associate Justices. These justices are appointed by the President and confirmed by the Senate, serving for life with salaries that cannot be decreased during their term. This independence from political branches is essential to the judiciary's function as the institutional custodian of justice.
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Frequently asked questions
The judiciary is the institutional custodian of justice, with the Supreme Court as the highest court in the land. The judiciary's power includes creating a system of Federal private law, defining property and privacy rights, and ordering social remedies validated by statutes and the Constitution.
The US Constitution establishes justice by outlining the judicial power of the United States, which is vested in the Supreme Court and inferior courts established by Congress. The Constitution also ensures the independence of the judiciary from political branches of government by appointing justices for life and protecting their salaries during their term.
The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction over cases involving constitutional or federal law. The Court's most well-known power is judicial review, which allows it to declare acts of Congress or the Executive Branch unconstitutional.
