Omar Bennett
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. The establishment of the Supreme Court is outlined in Article III, Section 1 of the US Constitution, which 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 establishes the federal judiciary and gives Congress the power to decide how to organize it. The Judiciary Act of 1789, signed into law by President George Washington, provided for a Supreme Court composed of five associate justices and one chief justice, as well as the establishment of 13 judicial districts throughout the country. The Supreme Court plays a crucial role in the constitutional system of government, as it has the final say on matters of constitutional law and ensures that each branch of government recognizes its limits.
| Characteristics | Values |
|---|---|
| Established by | Article III, Section 1 of the Constitution |
| Judicial power | Vested in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish" |
| Jurisdiction | Original jurisdiction over cases such as suits between states, cases involving ambassadors, and other public ministers |
| Jurisdiction | Appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law |
| Powers | Judicial review—the ability to declare a Legislative or Executive act in violation of the Constitution |
| Powers | The ability to strike down state laws found to be in violation of the Constitution |
| Powers | The final say over when a right is protected by the Constitution or when a Constitutional right is violated |
| Size | Not specified in the Constitution; initially six members, now nine in total |
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What You'll Learn
- The Supreme Court's establishment is outlined in Article III, Section 1 of the US Constitution
- Congress decides the Supreme Court's organisation and membership
- The Supreme Court has original jurisdiction over cases involving public ministers, consuls, and suits between states
- The Supreme Court has appellate jurisdiction over almost all cases involving federal law
- The Supreme Court has the power of judicial review over acts of Congress
The Supreme Court's establishment is outlined in Article III, Section 1 of the US Constitution
The establishment of the Supreme Court is outlined in Article III, Section 1 of the US Constitution. Article III establishes the federal judiciary, and Section 1 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 means that while the Constitution establishes the Supreme Court, it gives Congress the power to decide how to organise it and the number of seats on the Court.
The Judiciary Act of 1789 was the first exercise of this power, creating a Supreme Court with six justices and establishing a lower federal court system. The Act also divided the country into 13 judicial districts, which were organised into circuits. The size of the Supreme Court has varied over the years, from a low of five justices to a high of 10. The current number of nine justices—one Chief Justice and eight Associate Justices—was fixed shortly after the Civil War.
The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors and other public ministers. It also has appellate jurisdiction over almost any other case involving a point of constitutional or federal law.
The Court's power and prestige grew substantially during the Marshall Court (1801-1835), when it established the power of judicial review over acts of Congress, specifying itself as the supreme expositor of the Constitution. This power was asserted in the landmark case of Marbury v. Madison (1803), where the Court decided 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 in violation of the Constitution.
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Congress decides the Supreme Court's organisation and membership
Article III, Section 1 of the US Constitution establishes the federal judiciary and 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 vests federal judicial power in the Supreme Court and gives Congress the power to decide how to organise it and establish lower courts.
The Constitution does not specify the size of the Supreme Court or the specific positions of its members. However, it assumes the existence of the office of the Chief Justice as mentioned in Article I, Section 3, Clause 6, which states that "the Chief Justice" must preside over impeachment trials of the President.
Congress first exercised its power to organise the Supreme Court through the Judiciary Act of 1789, which established a Supreme Court with six justices, including five associate justices and one chief justice. This Act also created the lower federal court system and established 13 judicial districts throughout the country.
Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, ranging from a low of five to a high of 10. After the Civil War, the number of seats was fixed at nine, which remains the current size of the Court, with one Chief Justice and eight Associate Justices.
The power to define the Supreme Court's size and membership rests with Congress, which can alter the composition of the Court through legislative action. This power allows Congress to shape the Supreme Court's organisation and membership to meet the needs of the country and ensure the effective administration of justice.
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The Supreme Court has original jurisdiction over cases involving public ministers, consuls, and suits between states
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over a narrow range of cases, including ""all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party."
The Supreme Court's original jurisdiction extends to cases involving public ministers and consuls accredited by foreign governments to the United States. The Court has ruled that it has the right to accept a certificate from the Department of State regarding the public character of an individual claiming to be a public minister. In matters of particular delicacy, such as suits against ambassadors and public ministers, the Supreme Court's original jurisdiction has been exclusive.
The most frequent exercise of the Supreme Court's original jurisdiction has been in suits between two or more states. The Court has upheld its jurisdiction in these cases, ruling that states have surrendered a portion of their sovereignty under the Constitution and are subject to federal judicial power in disputes. The Supreme Court has also heard cases involving disputes over water rights and boundary disputes between states.
Additionally, the Supreme Court has established an important exception by asserting jurisdiction in cases where the United States brings a suit against a state. In United States v. Texas (1892), the Court ruled that it had jurisdiction in such cases as they involved the federal judicial power and a case in which the United States was a party. These suits typically involve disputes over land and the enforcement of provisions of the Federal Voting Rights Act.
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The Supreme Court has appellate jurisdiction over almost all cases involving federal law
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Article III, Section I of the Constitution establishes the federal judiciary, with Article III, Section II outlining the Supreme Court's jurisdiction. The Court's jurisdiction may be original or appellate.
Original jurisdiction refers to cases tried before the Court for the first time, without being heard in lower courts first. This applies to specific cases, such as suits between two or more states, cases involving ambassadors, and other public ministers.
Appellate jurisdiction, on the other hand, refers to the Court's authority to review decisions made by lower federal or state supreme courts. The Supreme Court has appellate jurisdiction over almost all cases involving federal law. This means that it can hear cases on appeal that involve a point of federal law.
The Certiorari Act of 1925 and subsequent legislation give the Court discretion in deciding whether to hear cases on appeal. The Supreme Court receives thousands of petitions for writs of certiorari each year but grants only a small fraction of them.
The broad grant of appellate jurisdiction to the Supreme Court has led to docket overcrowding. To address this, Congress has enacted legislation over time to replace direct appeals with discretionary certiorari petitions in most circumstances.
The Supreme Court's appellate jurisdiction allows it to maintain a central role in shaping American law. It provides a final and authoritative interpretation of the Constitution and federal statutory laws within the federal judiciary system. The Court's decisions can have a profound impact on a wide range of issues, from civil rights to economic regulations, influencing both society and governance.
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The Supreme Court has the power of judicial review over acts of Congress
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. The Constitution establishes the federal judiciary in Article III, Section I, which 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 permits Congress to decide how to organise the Supreme Court, and Congress first exercised this power in the Judiciary Act of 1789. This Act established a Supreme Court with six justices, as well as the lower federal court system.
The Supreme Court's power and prestige grew substantially during the Marshall Court (1801-1835). During this time, the Court established the power of judicial review over acts of Congress, specifying itself as the supreme expositor of the Constitution. This power of judicial review allows the Court to declare a Legislative or Executive act in violation of the Constitution.
The Court established this doctrine in the case of Marbury v. Madison (1803). In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). However, the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in this matter. Since Article VI of the Constitution establishes the Constitution as the supreme law of the land, the Court held that an Act of Congress that is contrary to the Constitution could not stand.
In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution. The Supreme Court plays a crucial role in ensuring that each branch of the government recognises the limits of its power.
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Frequently asked questions
Yes, the establishment of the Supreme Court is outlined in Article III, Section 1 of the US Constitution.
Article III, Section 1 of the US 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."
Article III, Section 1 of the US Constitution establishes the federal judiciary and vests the judicial power of the US in the Supreme Court. It also recognises the authority of Congress to establish inferior courts and organise the Supreme Court.
The Supreme Court was established following the Constitutional Convention in 1787, where delegates debated the separation of powers between the legislative and executive departments. The Judiciary Act of 1789, signed into law by President George Washington, provided for a Supreme Court with six justices, composed of one chief justice and five associate justices.
