Simone Lawson
The Supreme Court of the United States is established by Article III of the US Constitution, which establishes the federal judiciary. 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 permits Congress to decide how to organise it. This power was first exercised in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. The Supreme Court's well-known 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 Constitution but was established by the Court in the case of Marbury v. Madison (1803).
| Characteristics | Values |
|---|---|
| Established by | Article III, Section I of the Constitution |
| Judicial power | Vested in one Supreme Court, with inferior courts established by Congress |
| Judges | Hold office during good behaviour and receive compensation that cannot be diminished during their continuance in office |
| Jurisdiction | Original jurisdiction over cases between states, those involving ambassadors and other public ministers, and appellate jurisdiction over almost any other case involving constitutional or federal law |
| Judicial review | Ability to declare a Legislative or Executive act in violation of the Constitution |
| Number of justices | Six, as established by the Judiciary Act of 1789; today, there is one Chief Justice and eight Associate Justices |
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What You'll Learn
- The Supreme Court is established by Article III, Section I of the US Constitution
- The Court has original jurisdiction over cases involving public ministers and consuls
- The Court has appellate jurisdiction over almost any case involving a point of federal law
- Congress can decide how to organise the Supreme Court
- The Court's power of judicial review is not mentioned in the Constitution
The Supreme Court is established by Article III, Section I of the US Constitution
The Supreme Court of the United States is established by Article III, Section I of the US Constitution. The first sentence of Article III reads:
> "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 establishes the federal judiciary, and Section I states that the "judicial Power of the United States" is to be vested in a single Supreme Court. This article also permits Congress to decide how to organise the Supreme Court and to establish inferior courts.
Congress first exercised this power in the Judiciary Act of 1789, creating a Supreme Court with six justices and establishing the lower federal court system. This act gave the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, outlining the cases over which the Court has original and appellate jurisdiction. The Court's best-known power, judicial review, was established in the case of Marbury v. Madison in 1803. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution.
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The Court has original jurisdiction over cases involving public ministers and consuls
Article III, Section I 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 gives the Supreme Court original jurisdiction over certain cases, including those involving public ministers and consuls.
The Supreme Court's original jurisdiction in cases involving public ministers and consuls is established in Article III, Section II of the Constitution, which states that the Court's judicial power "shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made [...] to all Cases affecting Ambassadors, other public Ministers and Consuls." This means that the Supreme Court has the authority to hear and decide on cases involving these individuals directly.
The Court's original jurisdiction in these cases has been further clarified and confirmed through various legal precedents and rulings. For example, in the case of United States v. Ortega, the Court ruled that a prosecution for violating international law and US laws by offering violence to a foreign minister was not a suit affecting the minister but a public prosecution for vindication of the law of nations and US laws. In matters of particular delicacy, such as suits against ambassadors and public ministers or their servants, the Supreme Court's original jurisdiction has been held to be exclusive of that of other courts.
However, it is important to note that the Supreme Court's original jurisdiction in cases involving public ministers and consuls is not absolute. The Court has ruled that it does not have jurisdiction over cases involving ambassadors and consuls accredited by the United States to foreign governments, holding that the clause only applies to persons accredited to the United States by foreign governments. Additionally, the Court has refused to review the decision of the Executive Branch regarding the public character of individuals claiming to be public ministers, instead accepting certificates from the Department of State on such matters.
In summary, while the Supreme Court does have original jurisdiction over cases involving public ministers and consuls, this jurisdiction is not without limits. The Court's rulings and interpretations have shaped the boundaries of its jurisdiction in these cases, ensuring that it remains consistent with the Constitution and applicable laws.
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The Court has appellate jurisdiction over almost any case involving a point of federal law
The Supreme Court of the United States is established under Article III, Section I of the 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 the Supreme Court.
While the Constitution establishes the Supreme Court, it is important to note that various Acts of Congress have altered the number of seats on the Court over the years, ranging from a low of five to a high of ten. Today, there is a total of nine justices on the Supreme Court: one Chief Justice and eight Associate Justices.
Now, regarding the Court's appellate jurisdiction, the Constitution, specifically Article III, Section II, grants the Court the legal ability to hear cases on appeal involving points of federal law. This means that the Court can choose to hear a case that has already been tried in a lower court and review the decision made by that lower court. The Certiorari Act of 1925 further reinforces this by giving the Court the discretion to decide whether or not to hear a case on appeal.
The Supreme Court's appellate jurisdiction extends to a wide range of cases involving federal law. For example, cases in which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways, also known as admiralty cases. Additionally, the Court can hear appeals related to federal land, revenue, and Indian laws, as well as cases arising under federal statutes.
The circuit courts of appeals also play a role in the appellate process. They serve as the primary trial courts and have the authority to review decisions made by federal district courts in specific circumstances. Defendants and government prosecutors in criminal cases also have the right to appeal to the Supreme Court under certain conditions.
In summary, the Supreme Court's appellate jurisdiction over cases involving points of federal law is a crucial aspect of the Court's power established by the Constitution. This jurisdiction allows the Court to review and make decisions on a wide range of cases, shaping the interpretation and application of federal law in the United States.
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Congress can decide how to organise the Supreme Court
Article III, Section I 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."
While the Constitution establishes the Supreme Court, 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, various Acts of Congress have altered the number of seats on the Supreme Court, ranging from five to ten justices. Following the Civil War, the number of seats was fixed at nine, which remains the current structure: one Chief Justice and eight Associate Justices.
Congress also has the power to regulate the modes and practices of proceedings in inferior federal courts. The appellate jurisdiction of the Supreme Court is subject to "exceptions and regulations" prescribed by Congress. This means that Congress can determine how far the Supreme Court's appellate jurisdiction extends and when it can be exercised.
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 Constitution. However, the Court established this power in the landmark case of Marbury v. Madison in 1803. In this case, the Court asserted that an Act of Congress contrary to the Constitution could not stand, as the Constitution is the supreme law of the land.
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The Court's power of judicial review is not mentioned in the Constitution
The Supreme Court is established under Article III, Section I 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."
Article III also establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. It has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
While the Supreme Court's power of judicial review is not explicitly mentioned in the Constitution, it has been inferred from the structure, provisions, and history of the document. Judicial review is the idea that the actions of the executive and legislative branches are subject to review and possible invalidation by the judiciary. It allows the Supreme Court to ensure that the other branches of government abide by the Constitution.
The concept of judicial review was already established at the time of the Founding. The Privy Council had employed a limited form of judicial review to review colonial legislation and its validity under the colonial charters. There were also several instances of state court invalidation of state legislation as inconsistent with state constitutions. Early Supreme Court Justices also seem to have assumed the existence of judicial review.
The power of judicial review was further established in the landmark case of Marbury v. Madison in 1803. In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. Since Article VI of the Constitution establishes the Constitution as the supreme law, the Court held that an Act of Congress contrary to the Constitution could not stand. This case confirmed the inferred constitutional authority for judicial review.
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Frequently asked questions
Yes. Article III, Section I of the Constitution establishes the federal judiciary, 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 Supreme Court is the highest court in the United States and has the power to declare a Legislative or Executive act in violation of the Constitution. It has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost all other cases involving constitutional or federal law.
There are nine justices on the Supreme Court: one Chief Justice and eight Associate Justices. The number of seats on the Court has varied over time, from a low of five to a high of ten.
All Supreme Court justices are appointed by the President and confirmed by the Senate.
