Omar Bennett
The Constitution of the United States establishes the judicial branch as one of the three separate and distinct branches of the federal government. Article III of the Constitution, which establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure of the federal judiciary. The Constitution does not stipulate the number of Supreme Court Justices; the number is set instead by Congress. The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution.
| Characteristics | Values |
|---|---|
| Number of Judicial Officers | The number of judicial officers is not stipulated in the Constitution. The number is set by Congress. There have been as few as six, but since 1869 there have been nine Justices, including one Chief Justice and eight Associate Justices. |
| Appointment | The President nominates the Justices, and they are confirmed by the Senate. |
| Tenure | Justices typically hold office for life. Justices may remain in office until they resign, pass away, or are impeached and convicted by Congress. |
| Jurisdiction | The Supreme Court has original jurisdiction over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers. The Court has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. |
| Remuneration | The salaries of the Justices cannot be decreased during their term of office. |
| Bankruptcy Judges | Bankruptcy judges are judicial officers of the district court appointed to renewable 14-year terms. They preside exclusively over bankruptcy proceedings and cases. |
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What You'll Learn
- The US Constitution establishes the judicial branch as one of three branches of federal government
- The Supreme Court is the highest court in the land
- The number of Supreme Court Justices is not stipulated by the Constitution
- The Constitution guarantees the right to a fair trial
- The judicial branch has the power to decide the constitutionality of federal laws
The US Constitution establishes the judicial branch as one of three branches of federal government
Article III of the US Constitution establishes the judicial branch as one of three distinct branches of the federal government. The other two branches are the legislative branch and the executive branch.
The judicial branch 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 plays a crucial role in ensuring that each branch of government recognises the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution.
The Constitution vests the judicial power of the United States in one Supreme Court and such inferior courts as Congress may establish. The Justices of the Supreme Court are nominated by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. These protections safeguard the judiciary's independence from political branches.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws. However, judges rely on the executive branch to enforce court decisions. This interplay between the branches is known as the system of checks and balances, ensuring that no individual or group holds too much power.
The Supreme Court also has the power of judicial review, which allows it to determine the constitutionality of laws passed by Congress. In doing so, the Court can strike down state laws found to be in violation of the Constitution. This power reinforces the separation of powers and maintains the balance of power between the branches of government.
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The Supreme Court is the highest court in the land
Article III of the US 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." This makes the Supreme Court the highest court in the land, with the final say on legal matters.
The Supreme Court is the highest court in the federal judiciary of the United States, with ultimate appellate jurisdiction over all US federal court cases and state court cases that involve questions of US constitutional or federal law. It also has original jurisdiction over a narrow range of cases, such as those involving ambassadors, other public ministers and consuls, and cases in which a state is a party. The Court's power of judicial review allows it to invalidate statutes and presidential directives that violate the Constitution or statutory law. This power was asserted in the landmark case of Marbury v. Madison in 1803.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court, it is the final resort for those seeking justice. It ensures that each branch of government recognises its own power limits and protects civil rights and liberties by striking down laws that violate the Constitution. The Court also sets limits on democratic government, ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities.
The decisions of the Supreme Court have a significant impact on society, influencing landmark cases that have shaped the nation. For example, Tinker v. Des Moines Independent School District (1969) held that students could not be punished for wearing black armbands to protest the Vietnam War, protecting students' rights in schools. The Court's rulings also extend beyond the federal government, with most provisions of the Bill of Rights being applied to the states after the passage of the Fourteenth Amendment in 1869.
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The number of Supreme Court Justices is not stipulated by the Constitution
Article III of the US Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. These three branches—the legislative, executive, and judicial—operate within a constitutional system of "checks and balances".
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." While the Constitution establishes the Supreme Court, it does not stipulate the number of Supreme Court Justices. Instead, it permits Congress to decide how to organise the judiciary, including the number of Justices. This power is granted to Congress by Article III, which leaves the shape and structure of the federal judiciary to Congress.
Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. The Judiciary Act of 1789, for example, created a Supreme Court with six justices. Shortly after the Civil War, the number of seats on the Court was fixed at nine, which remains the current number.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. It also has the power of judicial review, ensuring that each branch of government recognises its limits. The Court protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government, ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.
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The Constitution guarantees the right to a fair trial
The US Constitution establishes the judiciary as one of the three separate and distinct branches of the federal government. 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 Constitution permits Congress to decide how to organize the Supreme Court, and Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices.
The Supreme Court plays a crucial role in ensuring this right by interpreting the Fourteenth Amendment's due process clause as a limit on the power of state and federal governments. The due process revolution in the twentieth century transformed the Bill of Rights into a national code of criminal procedure, ensuring that the promise of a fair trial applied equally to all citizens.
To ensure a fair trial, courts must be impartial and independent, and special measures may be necessary to give some individuals a fair chance to present their defence. For example, interpreters may be required to ensure that individuals understand their rights, and children and vulnerable adults may need additional support to participate effectively in criminal proceedings. The right to a fair trial also extends beyond the trial itself, protecting the rights of accused individuals throughout the criminal process and ensuring they are treated with dignity and compassion.
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The judicial branch has the power to decide the constitutionality of federal laws
Article III of the US Constitution establishes the judicial branch as one of the three 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, the Constitution often demands cooperation among them.
The judicial branch, or judiciary, has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. This ability to decide if a law violates the Constitution is called judicial review. It is an implied power, rather than an explicit one. The Supreme Court made a ruling in 1803 on a case called Marbury v. Madison that clearly stated the Court's power of judicial review.
Article III, Section I of the Constitution 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." While the Constitution establishes the Supreme Court, it allows 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. This Act also established the lower federal court system.
Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Since the Civil War, the number of seats has been fixed at nine—one Chief Justice and eight Associate Justices.
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Frequently asked questions
The Constitution does not stipulate the number of Supreme Court Justices.
There are currently nine Justices, including one Chief Justice and eight Associate Justices.
The Justices are appointed by the President and confirmed by the Senate.
Supreme Court Justices typically hold office for life. They may remain in office until they resign, pass away, or are impeached and convicted by Congress.
