Malcolm Rivera
The Supreme Court is indeed mentioned in the US Constitution, 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 establishes the Supreme Court as the highest court in the federal judiciary of the United States, with ultimate appellate jurisdiction over all federal court cases, and original jurisdiction over a narrow set of cases. The Constitution, however, does not specify the size of the Supreme Court or the positions of its members, and the power of judicial review is also not mentioned in the Constitution.
| Characteristics | Values |
|---|---|
| Number of members | 9 (1 Chief Justice and 8 Associate Justices) |
| Term | Commences on the first Monday of October and continues until June or early July of the following year |
| Cases | Receives about 7,000 petitions for writs of certiorari each year but grants only about 80 |
| Jurisdiction | Original jurisdiction over cases involving ambassadors, public ministers, consuls, and those in which a state is a party; appellate jurisdiction over almost any other case involving a point of constitutional or federal law |
| Powers | Judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution |
| Mentioned in | Article III, Section I and Article I, Section 3, Clause 6 of the U.S. Constitution |
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What You'll Learn
The US Constitution establishes the Supreme Court
The US Constitution also establishes the jurisdiction of the Supreme Court, or its legal ability to hear a case. The Court has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors, other public ministers, and consuls. It has appellate jurisdiction over almost any other case that involves a point of constitutional or federal law.
The Supreme Court's power of judicial review, or its 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 landmark case of Marbury v. Madison in 1803, asserting its authority to strike down laws and executive actions found to be unlawful or unconstitutional.
The Supreme Court plays a crucial role in the US constitutional system of government. As the highest court in the land, it serves as the court of last resort for those seeking justice. Through its power of judicial review, the Court ensures that each branch of government recognises and respects the limits of its power.
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The Constitution does not specify the size of the Supreme Court
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 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 article establishes the existence of the Supreme Court, but does not specify its size or membership. The power to define these aspects of the Supreme Court has been assumed to belong to Congress, which initially established a six-member Supreme Court through the Judiciary Act of 1789. This Act created a Supreme Court with one chief justice and five associate justices.
The size of the court has been altered several times over the years by Acts of Congress, ranging from a low of five to a high of 10 members. The Midnight Judges Act of 1801, for example, would have reduced the size of the court to five members upon the next vacancy, but this was promptly negated by the Judiciary Act of 1802. Shortly after the Civil War, the number of seats on the Court was fixed at nine, where it remains today. The current composition of the Supreme Court consists of one Chief Justice and eight Associate Justices.
While the Constitution does not specify the size or membership of the Supreme Court, it does establish its jurisdiction, or legal ability to hear a case. The Court has original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors and other public ministers, and cases affecting public ministers and consuls. It also has appellate jurisdiction over almost any other case that involves a point of constitutional or federal law. In addition, the Court has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. However, this power is not explicitly mentioned in the text of the Constitution itself.
The Supreme Court plays a crucial role in the constitutional system of government in the United States. As the highest court in the land, it is the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of government recognizes the limits of its own power. The Court's interpretation of the Constitution and federal law has a significant impact on the country's legal system and the protection of constitutional rights.
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The Supreme Court has original jurisdiction over certain cases
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. The US Constitution establishes the federal judiciary and mentions the Supreme Court 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."
Article III, Section 2 of the Constitution grants the Supreme Court original jurisdiction over select cases. Original jurisdiction refers to a court's authority to hear and decide a case for the first time before any appellate review occurs. The Supreme Court has original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and those in which a state is a party. Section 1251(a) provides that the Supreme Court has exclusive jurisdiction over controversies between two or more states. Section 1251(b) provides that the Supreme Court has original, but not exclusive, jurisdiction over the following cases:
- All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties.
- All controversies between the United States and a state.
- All actions or proceedings by a state against the citizens of another state or against non-citizens.
The Supreme Court's original jurisdiction was established in the Judiciary Act of 1789, which also created a Supreme Court with six justices and established the lower federal court system. The Supreme Court has its own set of rules, and four of the nine Justices must vote to accept a case. The Court usually hears cases that have been decided in either an appropriate US Court of Appeals or the highest Court in a given state. Most of the cases the Supreme Court hears are appeals from lower courts.
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The Supreme Court has appellate jurisdiction over almost any other case
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 US Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors, and other public ministers.
The Court also has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. This means that the Court can hear a case that has already been heard in a lower court. The Supreme Court reviews the previous decision and can choose which cases to hear. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so.
The Supreme Court's appellate jurisdiction is further defined by federal statutes. This framework allows the Court to maintain a central role in shaping American law, providing a final and authoritative interpretation of the Constitution and statutory laws within the federal judiciary system. The Court primarily exercises this power through writs of certiorari, where it chooses to review cases that have significant legal or constitutional questions.
The Supreme Court's appellate jurisdiction covers a broad range of cases, including those that involve the United States as a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases). The Court's decisions in these cases have a profound impact on society, with landmark cases such as Tinker v. Des Moines Independent School District (1969) holding that students could not be punished for wearing black armbands to school to protest the Vietnam War.
The Supreme Court's role in the constitutional system of government is significant. As the highest court in the land, it is the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of government recognizes its own limits and that the Constitution is the supreme law of the land.
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The Supreme Court has the power of judicial review
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Article III of the Constitution establishes the federal judiciary, and 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 establishes the Supreme Court but permits Congress to decide how to organise it.
The Constitution does not specify the size of the Supreme Court or the positions of its members. The power to define these aspects of the Supreme Court has been assumed to belong to Congress, which initially established a six-member Supreme Court through the Judiciary Act of 1789. The size of the court has changed over the years, ranging from five to ten members, and was fixed at nine members shortly after the Civil War. Today, the Supreme Court consists of one Chief Justice and eight Associate Justices.
The Supreme Court has original jurisdiction over a narrow range of cases, such as those involving ambassadors, public ministers, and consuls, as well as cases in which a state is a party. It has appellate jurisdiction over almost any other case that involves a point of constitutional or federal law.
One of the most well-known powers of the Supreme Court is its power of 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 landmark case of Marbury v. Madison in 1803. In this case, the Court asserted its authority to determine 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 any Act of Congress contrary to the Constitution is invalid.
The power of judicial review allows the Supreme Court to play a crucial role in ensuring that each branch of the government recognises its own limits and upholds the Constitution. This power has been further strengthened by the passage of the Fourteenth Amendment, which expanded the Supreme Court's ability to rule on cases involving Constitutional rights and protections.
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Frequently asked questions
Yes, Article III of the US Constitution establishes the federal judiciary and mentions 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."
No, the Constitution does not specify the size of the Supreme Court or any specific positions for its members. 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 through the Judiciary Act of 1789.
The Supreme Court is the highest court in the land and acts as the court of last resort for those seeking justice. It has original jurisdiction over a narrow range of cases, such as those involving ambassadors and other public ministers, and appellate jurisdiction over almost all other cases involving federal or constitutional law.
No, the power of judicial review is not mentioned in the text of the Constitution. However, in the landmark case of Marbury v. Madison (1803), the Supreme Court asserted its power of judicial review by establishing that an Act of Congress contrary to the Constitution could not stand.
