Malcolm Rivera
The Supreme Court of the United States is established by Article III, Section 1 of the US Constitution, which vests federal judicial power in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Constitution does not specify the size of the Supreme Court or the positions of its members, but it does mention the Chief Justice in relation to their role in presiding over impeachment trials of the President. The power to define the Court's size and membership has been assumed by Congress, which established a six-member Supreme Court through the Judiciary Act of 1789. The Court's jurisdiction is established by Article III, Section II of the Constitution, which grants it original jurisdiction over certain cases and appellate jurisdiction over almost all other cases. The Court's best-known power, judicial review, was established through case law in 1803.
| Characteristics | Values |
|---|---|
| Established by | Article III, Section I of the Constitution |
| Composition | Decided by Congress through the Judiciary Act of 1789 |
| Number of Justices | 9 (1 Chief Justice and 8 Associate Justices) |
| Jurisdiction | Original and appellate |
| Power | Judicial review, i.e., the ability to declare a Legislative or Executive act in violation of the Constitution |
| Membership | Determined by Congress |
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What You'll Learn
Article III of the Constitution establishes the federal judiciary
> "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 ensures the existence of a federal Supreme Court but leaves the decision of establishing lower federal courts to Congress. The Framers of the Constitution debated whether to leave the role of interpreting and applying federal law to state courts, subject to review by the federal Supreme Court, or whether lower federal courts would be more likely to apply federal law correctly, uniformly, and without bias.
Article III, therefore, establishes the Supreme Court but permits Congress to decide how to organize 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, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats was fixed at nine, which remains the case today.
Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. The Court also has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law.
Although the text of the Constitution does not explicitly grant the Supreme Court the power of judicial review, 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 Court held that an Act of Congress that is contrary to the Constitution could not stand, thus establishing its power of judicial review.
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The Constitution does not specify the size of the Supreme Court
The U.S. Constitution does not specify the size of the Supreme Court. The Constitution assumes the existence of the office of the chief justice because it mentions in Article I, Section 3, Clause 6 that "the Chief Justice" must preside over the impeachment trials of the President of the United States. The power to define the Supreme Court's size and membership has been assumed to belong to Congress, which initially established a six-member Supreme Court composed of a chief justice and five associate justices through the Judiciary Act of 1789. The size of the court was first altered by the Midnight Judges Act of 1801, which would have reduced the size of the court to five members upon its next vacancy. However, the Judiciary Act of 1802 promptly negated the 1801 act, restoring the court's size to six members before any such vacancy occurred.
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 ten. Shortly after the Civil War, the number of seats on the Court was fixed at nine—one chief justice and eight associate justices. The size of the court was last changed in 1869, and it has remained the same since. In April 2021, during the 117th Congress, some Democrats in the House of Representatives introduced the Judiciary Act of 2021, a bill to expand the Supreme Court from nine to 13 seats.
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The Supreme Court has original and appellate jurisdiction
The Supreme Court is designated through the US Constitution, which establishes the federal judiciary in Article III, Section I. This article 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 specify the exact powers or prerogatives of the Court or outline how the judicial branch should be organised. Instead, it gives Congress the power to decide how to organise the Court. 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.
Appellate jurisdiction gives the Court the authority to review the decisions of lower courts. Most of the cases heard by the Supreme Court are appeals from lower courts, and the Court has the discretion to decide whether or not to hear these cases. The primary means to petition the Court for review is to ask it to grant a writ of certiorari, which directs a lower court to send up the record of a case for review. The Court usually only hears these cases if they could have national significance, might harmonise conflicting decisions in federal Circuit courts, or could have precedential value.
The Supreme Court's power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution, is not explicitly mentioned in the text of the Constitution. However, the Court established this power in the case of Marbury v. Madison in 1803. This case involved a dispute over whether an Act of Congress or the Constitution was the supreme law of the land, and the Court held that the Constitution took precedence.
The Supreme Court plays a crucial role in the constitutional system of government, serving as the court of last resort for those seeking justice and ensuring that each branch of government recognises its own power limits.
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The Supreme Court has the final say over Constitutional rights
The Supreme Court of the United States is established by Article III, Section 1 of the Constitution, which vests federal judicial power 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, which created a Supreme Court with six justices.
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors and other public ministers. It also has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law.
The Supreme Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the text of the Constitution but was established by the Court in the case of Marbury v. Madison (1803). The Court has also established its authority to strike down state laws found to be in violation of the Constitution.
As the highest court in the land, the Supreme Court has the final say over Constitutional rights. It is the court of last resort for those seeking justice, and its power of judicial review ensures that each branch of government recognises its own limits. The Supreme Court currently consists of nine justices, including one Chief Justice and eight Associate Justices. Each justice has a single vote in deciding the cases argued before the court.
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The Supreme Court's power of judicial review
The Supreme Court is designated by 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 gives the Supreme Court the power of 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, where the Court decided that an Act of Congress contrary to the Constitution could not stand.
The Supreme Court has original jurisdiction over certain cases, such as disputes between states or disputes involving ambassadors. It also has appellate jurisdiction, which means it can review decisions made by lower courts. The Court's power of judicial review allows it to ensure that each branch of government recognizes its own limits and that Constitutional rights are upheld.
While the Constitution establishes the Supreme Court, it does not specify the exact powers or prerogatives of the Court. Instead, it gives Congress the power to decide how to organize the Court. Congress first used this power in the Judiciary Act of 1789, which created a Supreme Court with six justices. Over the years, the number of seats on the Supreme Court has varied, but since the Civil War, it has been fixed at nine justices - one Chief Justice and eight Associate Justices.
The Supreme Court's term typically begins on the first Monday in October and goes through to the Sunday before the first Monday in October of the following year. The Court hears oral arguments from October to April and releases opinions on Mondays in May and June. The primary means to petition the Court for review is to ask for a writ of certiorari, which the Court is not obligated to grant. The Court usually only hears cases that could have national significance or might harmonize conflicting decisions in lower courts.
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Frequently asked questions
Yes, Article III, Section 1 of the US Constitution establishes the Supreme Court.
Article III, Section 1 of the Constitution states that the Supreme Court has both original and appellate jurisdiction. Original jurisdiction means the Supreme Court is the first and only court to hear a case. The Constitution limits original jurisdiction cases to disputes between states or disputes arising among high-ranking ministers and ambassadors. Appellate jurisdiction means the Court can review decisions of lower courts.
The Supreme Court's power to review acts of Congress, or judicial review, is not explicitly mentioned in the Constitution. However, in the case of Marbury v. Madison (1803), the Court established that an Act of Congress contrary to the Constitution is void.
