Jonah Patel
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 outlines the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost any other case involving a point of constitutional or federal law. The Supreme Court plays a crucial role in the constitutional system of government, as it has the power to declare a Legislative or Executive act in violation of the Constitution and can strike down state laws found to be unconstitutional.
| Characteristics | Values |
|---|---|
| Established by | Article III, Section II of the Constitution |
| Jurisdiction | Original jurisdiction over cases involving ambassadors, other public ministers, and 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 |
| Size | Determined by Congress; has varied over the years from a low of five to a high of 10; currently fixed at nine |
| Powers | Judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution; the final say over when a right is protected by the Constitution or when a Constitutional right is violated |
| Judges | Shall hold office during good behavior and receive compensation that shall not be diminished during their continuance in office |
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What You'll Learn
The Supreme Court's jurisdiction
The Supreme Court is indeed a part of the US Constitution. 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."
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court. The Court has two types of jurisdiction: original jurisdiction and appellate jurisdiction. Original jurisdiction means that a case is tried before the Court, and the Court has original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors and other public ministers. 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).
The Supreme Court's original jurisdiction also extends to cases in which a state is a party. In the eighteenth and nineteenth centuries, there was a debate over whether state and inferior federal courts could constitutionally exercise jurisdiction in cases that fell within the Supreme Court's original jurisdiction. The Supreme Court has rarely exercised its jurisdiction over foreign officials, and its original docket has primarily focused on resolving disputes between state governments.
The Court has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. This includes cases to which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases). The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction.
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 Constitution but was established by the Court in the case of Marbury v. Madison (1803). The Supreme Court also has the authority to strike down state laws found to be in violation of the Constitution.
Congress has significant authority to determine the Supreme Court's jurisdiction and can grant lower federal courts concurrent jurisdiction in some cases. Congress can also alter the number of seats on the Supreme Court, decide the time and place of the Court's sessions, and determine the Court's internal organization.
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The Supreme Court's authority
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 means that the Constitution establishes the Supreme Court but 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, from a low of five to a high of 10. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court.
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, cases involving ambassadors and other public ministers, and consuls. 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.
In addition to setting the size of the Supreme Court, Congress determines the time and place of the Court's sessions and has significant authority over which cases the Court has jurisdiction to hear. However, the Supreme Court cannot decide cases that are moot or render advisory opinions, as some state supreme courts may do.
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The Supreme Court's composition
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 means that while the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it, including determining the Court's composition and size.
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 current size of the Court, with one Chief Justice and eight Associate Justices.
In addition to setting the size of the Court, Congress also determines the time and place of the Court's sessions and has significant authority in deciding which cases the Court has jurisdiction over. The Constitution grants the Supreme Court original jurisdiction over a relatively narrow range of cases, including those affecting ambassadors, other public ministers and consuls, and those in which a state is a party. The Court also has original and exclusive jurisdiction over cases between two or more states, though it may decline to hear such cases.
The Supreme Court has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803, where the Court asserted its authority to invalidate a statute for violating a provision of the Constitution. The Court also has the authority to strike down state laws found to be in violation of the Constitution and to rule on when a Constitutional right is violated.
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The Supreme Court's powers
The Supreme Court is the highest court in the federal judiciary of the United States. It was established by Article III, Section I of the US Constitution, which vests the judicial power of the United States in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish".
The Supreme Court has original jurisdiction over a narrow range of cases, including suits between two or more states, cases involving ambassadors, other public ministers, and consuls, and those in which a state is a party. It also has original jurisdiction over cases involving ships on the high seas and navigable waterways (admiralty cases). The Court has appellate jurisdiction over almost any other case that involves a point of constitutional or federal law. This includes cases where the United States is a party, cases involving treaties, and cases of admiralty and maritime jurisdiction.
The Supreme Court has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803, where the Court asserted itself as the supreme expositor of the Constitution. The Court has also established its authority to strike down state laws found to be in violation of the Constitution.
The size of the Supreme Court, as well as the time and place of its sessions, are determined by Congress. The Court's power and prestige grew substantially during the Marshall Court (1801-1835), and it has since made several important rulings that have shaped the balance of power between the federal government and the states.
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The Supreme Court's role in the constitutional system
The Supreme Court is established by 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 (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, cases involving ambassadors, and other public ministers. It 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.
The Supreme Court also has the final say over when a right is protected by the Constitution or when a Constitutional right is violated. For example, after the passage of the Fourteenth Amendment in 1869, the Supreme Court began ruling that most of its provisions were applicable to the states as well, not just the federal government.
In addition to interpreting the Constitution and safeguarding constitutional rights, the Supreme Court plays a crucial role in shaping public policy. Through its decisions, the Court can influence various aspects of American life, including civil rights, criminal justice, economic policy, and social issues. The Court's rulings can have far-reaching consequences and are often highly influential in resolving contentious political and legal debates.
While the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress has the authority to determine the size of the Court, the time and place of its sessions, and the Court's internal organization. Congress first structured the Supreme Court through 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, with the current composition being one Chief Justice and eight Associate Justices.
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Frequently asked questions
Yes, Article III of the Constitution establishes the federal judiciary, including the Supreme Court.
The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. The Court also has the final say on whether a Constitutional right has been violated.
The Supreme Court has original jurisdiction over cases involving ambassadors, other public ministers, and consuls, and those in which a state is a party. It also has original jurisdiction over cases between two or more states. The Court has appellate jurisdiction over almost any other case involving a point of constitutional or federal law.
No, the Supreme Court cannot decide cases that are moot or provide advisory opinions because Article III of the Constitution states that federal courts may only entertain "cases" or "controversies".
