
The US Constitution establishes the federal judiciary system, outlining the Supreme Court and its jurisdiction, as well as authorizing Congress to create a system of lower courts. The Constitution's 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. This article also establishes the jurisdiction of the Supreme Court, which includes cases arising under the Constitution, laws of the United States, and treaties. The judiciary's independence is protected by provisions such as tenure and salary protections for justices. The Supreme Court's role in the constitutional system includes serving as the final arbiter of justice, exercising judicial review to ensure government branches recognize their limits, and protecting civil rights and liberties. The federal judiciary's institutional organization and the number of seats on the Supreme Court have evolved over time through various Acts of Congress.
| Characteristics | Values |
|---|---|
| Independence of judiciary | Protected by restrictions such as justices holding office for life and their salaries not being decreased during their term of office |
| Judicial power | Extends to all cases in law and equity arising under the Constitution, laws of the US, and treaties made under their authority |
| Jurisdiction | The Supreme Court has original jurisdiction over certain cases and appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law |
| Constitutional system of "checks and balances" | Each of the three branches (legislative, executive, and judicial) is formally separate but often requires cooperation |
| Role of Supreme Court | The highest court in the land, it is the court of last resort for those seeking justice, plays a role in ensuring each branch of government recognizes its limits, and protects civil rights and liberties |
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What You'll Learn

The Constitution establishes the federal judiciary
The Constitution is integral to the judiciary system. The US Constitution's Article III establishes the federal judiciary, outlining the judicial power of the United States and vesting it in a Supreme Court and any other inferior courts that Congress may establish. This article sets the foundation for the nation's court system, with the Supreme Court at the apex.
The delegates at the Constitutional Convention of 1787 shared a commitment to an independent judiciary, recognising its indispensable role in a well-organised republican government. They envisioned a separate and co-equal judicial branch alongside the executive and legislative branches. This principle of separation of powers, enshrined in the Constitution, ensures a balance of power among the branches of government.
Article III, Section I of the Constitution explicitly 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 provision grants Congress the authority to organise and establish lower courts, which it first exercised through the Judiciary Act of 1789. This Act created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court, as established by the Constitution, holds significant power and responsibility within the judiciary system. It serves as the highest court in the land, the final arbiter for those seeking justice. The Court's power of judicial review enables it to ensure that each branch of government respects its constitutional limits, safeguarding civil rights and liberties by striking down laws that violate the Constitution.
Additionally, the Constitution outlines the jurisdiction of the Supreme Court, granting it original jurisdiction in specific cases, such as suits between two or more states or cases involving ambassadors. It also confers appellate jurisdiction, allowing the Court to hear appeals on a wide range of cases involving constitutional or federal law, including controversies between citizens of different states or cases involving treaties.
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The Supreme Court has original and appellate jurisdiction
The Constitution establishes the federal judiciary and the Supreme Court. Article III, Section I of the US 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."
Appellate jurisdiction means that the Supreme Court can review cases that have already been decided in lower federal or state supreme courts. Most cases come to the Supreme Court on appeal, and the Court can choose which cases to hear. The Court primarily exercises this power through writs of certiorari, where it decides to review cases that have significant legal or constitutional questions. The Supreme Court's appellate jurisdiction is outlined in Article III of the US Constitution and further defined by federal statutes.
The Supreme Court's original jurisdiction is not necessarily exclusive. In some cases, Congress has granted lower federal courts concurrent jurisdiction, meaning that cases subject to original Supreme Court jurisdiction may be filed directly in the Supreme Court or in one of the lower federal courts. The Supreme Court's jurisdiction, whether original or appellate, plays a crucial role in ensuring that each branch of government recognizes its limits and that civil rights and liberties are protected.
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The Supreme Court's role in the constitutional system of government
The Constitution establishes the judiciary as one of the three distinct branches of the federal government. The judiciary branch operates within a constitutional system of "checks and balances", where each branch is formally separate from the other two, but the Constitution often requires cooperation among the branches.
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. The Supreme Court's power of judicial review is essential in ensuring that each branch of government recognizes the limits of its power. This power of judicial review, however, is not explicitly mentioned in the Constitution. It was established by the Court in the case of Marbury v. Madison in 1803, where the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land.
The Supreme Court also plays a vital role in protecting civil rights and liberties by striking down laws that violate the Constitution. It ensures that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities. In doing so, the Court helps to preserve the fundamental values common to all Americans, such as freedom of speech, freedom of religion, and due process of law.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It also has appellate jurisdiction over almost any other case that involves a point of constitutional or federal law. The Court's decisions have a significant impact on society as a whole, not just on lawyers and judges.
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The Certiorari Act of 1925
The US Constitution establishes the federal judiciary and outlines the structure of the nation's court system. 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." This provision ensures the independence of the judiciary as a separate and co-equal branch of government, alongside the executive and legislative branches.
While the Constitution establishes the Supreme Court, it gives Congress the power to decide how to organise it. Congress first exercised this power through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over time, the number of seats on the Supreme Court has varied, and various Acts of Congress have altered its composition.
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The Judiciary Act of 1789
Article III, Section 1 of the Constitution, established a Supreme Court but left it to Congress to decide how to organise it and to create lower federal courts. The Judiciary Act of 1789 set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices. It also created the office of the Attorney General, who would argue on behalf of the United States in cases before the Supreme Court.
The Act gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). It also included the Alien Tort Statute, which provided jurisdiction to district courts over lawsuits by aliens for torts in violation of the law of nations or treaties of the United States.
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Frequently asked questions
The Constitution establishes the federal judiciary system and outlines the role of the Supreme Court. 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." The Constitution also defines the jurisdiction of the Supreme Court, which includes original jurisdiction over certain cases and appellate jurisdiction over a wide range of cases involving constitutional, federal, and international law.
The judiciary system is designed to be independent from the other branches of government, including the political branches. This independence is protected through measures such as lifetime appointments for justices and restrictions on decreasing their salaries during their term of office. The separation of powers and the system of checks and balances further ensure that the judiciary operates independently while also requiring cooperation among the branches.
As the highest court in the land, the Supreme Court plays a crucial role in the constitutional system of government. It serves as the final arbiter for those seeking justice and ensures that each branch of government respects its limits. The Supreme Court protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government to protect the fundamental values of all Americans, such as freedom of speech and religion.

























