Omar Bennett
The Constitution establishes the federal judiciary and outlines the judicial power of the United States, which is vested in the Supreme Court and inferior federal courts created by Congress. Article III, Section I of the Constitution states that the judicial power shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The judicial power extends to cases in law and equity arising under the Constitution, laws of the United States, and treaties, as well as cases involving ambassadors, public ministers, and consuls. It also includes ancillary powers, such as the power to punish for contempt of authority and to issue writs. The Supreme Court plays a crucial role in the constitutional system, serving as the court of last resort and ensuring that each branch of government respects its limits. It also protects civil rights and liberties by striking down laws that violate the Constitution.
| Characteristics | Values |
|---|---|
| Judicial power | The authority to render dispositive judgments |
| Jurisdiction | The authority of a court to exercise judicial power in a specific case |
| Supreme Court | The highest court in the land, it is the court of last resort for those seeking justice |
| Inferior Courts | Lower courts created by Congress as necessary |
| Judicial review | The power to declare acts of Congress unconstitutional if they violate the Constitution |
| Checks and balances | The judiciary, executive, and legislative branches work together to uphold their respective roles and protect citizens' rights |
| Congress | Has the power to define and limit the jurisdiction of federal courts, influencing the types of cases they hear and the scope of their decisions |
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What You'll Learn
The Constitution establishes the federal judiciary
Article III of the US Constitution establishes the federal judiciary, outlining the structure and function of the judicial branch. This article specifies 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 Constitution, therefore, establishes the Supreme Court, but it also gives Congress the power to create lower federal courts, or "inferior courts," as needed. The Judiciary Act of 1789 was the first exercise of this power, establishing a Supreme Court with six justices and a lower federal court system.
The judicial power of the United States extends to a range of cases, including those arising under the Constitution, the laws of the United States, and treaties made under their authority. It covers cases affecting ambassadors, public ministers, and consuls, as well as cases of admiralty and maritime jurisdiction. The Supreme Court has original jurisdiction in cases affecting ambassadors and those in which a state is a party. In all other mentioned cases, the Supreme Court has appellate jurisdiction, with the power to hear cases on appeal involving constitutional and/or federal law.
The federal judiciary plays a crucial role in the system of checks and balances. Through judicial review, the Supreme Court can declare acts of Congress unconstitutional if they violate the Constitution, ensuring that each branch of government respects its limits. This power was established in the landmark case of Marbury v. Madison in 1803. Additionally, the judiciary interprets laws passed by Congress, ensuring their constitutionality and applicability in legal disputes.
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The Supreme Court has appellate jurisdiction
The US Constitution establishes the federal judiciary and outlines the judicial power of the United States. Article III, Section I of the 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." This means that the Supreme Court is the highest court in the land and has the final say in judicial matters.
The Supreme Court's appellate jurisdiction refers to its power to review and decide cases on appeal from lower federal courts or state courts. Most Supreme Court cases fall within its appellate jurisdiction rather than its original jurisdiction. The Court's appellate jurisdiction is broad and covers a wide range of cases, including those that arise under the Constitution, laws of the United States, treaties, and cases affecting ambassadors, public ministers, and consuls.
The early Supreme Court emphasised the mandatory nature of appellate review. Chief Justice John Marshall implied in Marbury v. Madison that the Court is obligated to take and decide cases that meet jurisdictional standards. The Court has also issued rulings that limit the scope of direct appellate review to manage its caseload effectively.
Over time, Congress has limited the types of cases subject to direct appeal to the Supreme Court, making more cases subject to discretionary review. Congress has authorised Supreme Court review of lower court decisions through appeals and petitions for a writ of certiorari. The Court has discretion to grant or deny review via a petition for a writ of certiorari, but it is required to exercise jurisdiction over cases properly before it on direct appeal.
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The Court's power of judicial review
The power of judicial review is a key feature of federal judicial power in the United States. Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the Constitution. It is the power of the courts to examine the actions of the legislative, executive, and administrative arms of the government, and to determine whether such actions are consistent with the constitution.
The power to declare laws unconstitutional has been deemed an implied power, derived from Article III and Article VI of the U.S. Constitution. The text of the Constitution does not contain a specific provision for the power of judicial review. However, the historical record suggests that those who framed and ratified the Constitution were aware of judicial review. Early Supreme Court Justices seem to have assumed the existence of judicial review, and the Judiciary Act of 1789 provided for the exercise of this power.
Judicial review allows federal courts to declare that federal or state government actions violate the Constitution. It is the authority to render dispositive judgments and conclusively resolve cases. When a court determines that a government action is inconsistent with constitutional requirements, it is declared unconstitutional and null and void.
The power of judicial review is not limited to the United States. Many countries, including Austria, Germany, South Korea, Spain, France, Italy, India, Japan, and Pakistan, have incorporated judicial review in various forms. Some countries, like France, Germany, New Zealand, and South Africa, have specialized constitutional courts that hear claims of unconstitutionality. The adoption of judicial review after World War II was influenced by U.S. constitutional ideas, particularly the concept of checks and balances in democratic government.
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The Court protects civil rights and liberties
The Constitution establishes the federal judiciary and outlines the judicial power of the United States. 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 distinction between judicial power and jurisdiction is essential, as it grants the Supreme Court and inferior federal courts the authority to exercise judicial power and decide cases.
The Supreme Court plays a crucial role in protecting civil rights and liberties, which are fundamental freedoms guaranteed to all individuals. Here are four paragraphs detailing how the Court achieves this:
Striking Down Unconstitutional Laws
The Supreme Court has the power of judicial review, allowing it to strike down laws that violate the Constitution. This ensures that the government's actions align with the fundamental values enshrined in the Constitution, such as freedom of speech, freedom of religion, and due process of law.
Interpreting Laws and Setting Legal Precedents
The Court interprets laws and establishes precedents that shape the understanding of civil rights and liberties. For example, in Miranda v. Arizona in 1966, the Court upheld the right of defendants to have an attorney present during police interrogation, protecting their right to a fair trial.
Balancing Conflicting Rights
The Court plays a delicate role in balancing conflicting rights, such as free speech and public order. It sets standards for how different rights coexist in society, ensuring that one right does not infringe on another.
Ensuring Due Process and Equal Protection
The Court enforces fair treatment and equal protection under the Fourteenth Amendment. It ensures that laws apply equally to everyone, regardless of race, gender, or other characteristics, preventing discrimination and guaranteeing equal treatment. This includes landmark cases such as Roe v. Wade, which recognized a woman's right to privacy and reproductive freedom.
In summary, the Court protects civil rights and liberties by interpreting and applying the law, setting precedents, and ensuring that the government's actions do not violate the fundamental freedoms guaranteed to all individuals under the Constitution.
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The Court upholds the limits of government power
The US Constitution establishes the federal judiciary and outlines the powers of the Supreme Court and inferior federal courts. Article III, Section I of the 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."
The judicial power of the United States extends to a range of cases, including those arising under the Constitution, laws of the United States, and treaties made under their authority. It also includes cases affecting ambassadors, public ministers, and consuls, as well as cases of admiralty and maritime jurisdiction. The Supreme Court has original jurisdiction in cases affecting ambassadors and those in which a state is a party. In all other mentioned cases, the Supreme Court has appellate jurisdiction.
The Supreme Court plays a crucial role in upholding the limits of government power through its power of judicial review. This power, established in the landmark case of Marbury v. Madison in 1803, allows the Court to declare a Legislative or Executive act in violation of the Constitution. The Court ensures that each branch of government recognizes the limits of its power and protects civil rights and liberties by striking down laws that are deemed unconstitutional.
Congress has the authority to decide what types of cases the Court may hear and the procedures for doing so, and it can limit the Court's power through jurisdiction stripping. However, the Court's independence from political interference is protected, and it serves as a check on the executive and legislative branches to prevent abuse of power. The Court upholds the limits of government power by setting appropriate limits on democratic government and ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.
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Frequently asked questions
The judicial power of the United States is vested in one Supreme Court and inferior courts ordained and established by Congress.
The Supreme Court is the highest court in the United States and acts as the court of last resort for those seeking justice.
Judicial power extends to all cases in law and equity that arise under the Constitution, the laws of the United States, and treaties made under their authority.
Judicial review allows the Supreme Court to declare acts of Congress unconstitutional if they violate the principles and provisions of the Constitution. This ensures that each branch of government recognizes its limits.
Congress can define and limit the jurisdiction of federal courts, influencing the types of cases they hear. They can also impeach and remove federal judges, including Supreme Court justices, for misconduct or abuse of power.
