
The Constitution of the United States establishes the federal government's judicial branch, outlining the structure and function of the judiciary and its interaction with other branches of government. Article III of the Constitution specifies that the judicial power of the United States shall be vested in a Supreme Court and such inferior courts as Congress may establish. This system of checks and balances ensures no branch becomes too powerful, safeguarding democracy and the rule of law. The judicial power extends to cases arising under the Constitution, laws of the United States, treaties, and various controversies, with the Supreme Court holding original jurisdiction in specific cases and appellate jurisdiction in others. Congress plays a role in defining the jurisdiction of federal courts and can impeach judges for misconduct, including Supreme Court justices, ensuring accountability. The judiciary interprets laws passed by Congress, reviewing their constitutionality, and can declare acts of Congress unconstitutional through the process of judicial review.
| Characteristics | Values |
|---|---|
| Judicial power | The authority to render dispositive judgments |
| Jurisdiction | The authority of a court to exercise judicial power in a specific case |
| Separation of powers | Congress violates this when it purports to alter final judgments of Article III courts |
| Federal courts | Have the power to decide a case and render a judgment that conclusively resolves a case |
| Congress | Has the power to define and limit the jurisdiction of federal courts, influencing the types of cases they can hear and the scope of their decisions |
| Accountability | Congress can impeach and remove federal judges, including Supreme Court justices, for misconduct or abuse of power |
| Interpretation | The judiciary interprets laws passed by Congress, ensuring their constitutionality and applicability in legal disputes |
| Supreme Court | Has original jurisdiction in all cases affecting ambassadors, other public ministers, consuls, and those in which a state is a party |
| Appellate jurisdiction | The Supreme Court has appellate jurisdiction in all other cases mentioned, with some exceptions |
| Inferior courts | Congress may establish inferior courts to the Supreme Court |
| Judicial review | The Supreme Court can declare acts of Congress unconstitutional if they violate the Constitution |
| Treason | Congress has the power to declare the punishment of treason |
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What You'll Learn

Judicial power is vested in the Supreme Court and inferior federal courts
Article III of the US Constitution establishes the federal government's judicial branch. It states that the judicial power of the United States shall be vested in one Supreme Court and such inferior federal courts as Congress may establish from time to time. This structure ensures a system of checks and balances, preventing any single branch of government from becoming too powerful and safeguarding the principles of democracy and the rule of law.
The Supreme Court and inferior federal courts are responsible for exercising judicial power, which is the authority to render dispositive judgments and resolve cases. The jurisdiction of these courts extends to a wide range of cases, including those arising under the Constitution, laws of the United States, and treaties made under their authority. It also covers cases involving ambassadors, public ministers, and consuls, as well as admiralty and maritime jurisdiction.
The distinction between judicial power and jurisdiction is important. While all judicial power is vested in the Supreme Court and inferior federal courts, they do not possess all possible jurisdiction. Jurisdiction refers to the authority of a court to exercise judicial power in a specific case. For a court to exercise jurisdiction, the Constitution must grant the court the capacity to receive it, and an act of Congress must confer it.
Congress plays a significant role in shaping the federal courts' jurisdiction. They can define and limit the jurisdiction of these courts, influencing the types of cases they hear and the scope of their decisions. Additionally, Congress can impeach and remove federal judges, including Supreme Court justices, for misconduct or abuse of power, ensuring accountability within the judiciary.
The judiciary, through the process of judicial review, interprets laws passed by Congress and assesses their constitutionality. In the landmark case of Marbury v. Madison (1803), the Supreme Court established its authority to declare acts of Congress unconstitutional if they violate the Constitution's principles and provisions. This further reinforces the system of checks and balances between the judicial and legislative branches of the US government.
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Congress can limit the jurisdiction of federal courts
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial branches. Each branch has its own distinct roles and powers, and they operate within a system of checks and balances. The judicial branch, for example, has the authority to decide the constitutionality of federal laws, but it relies on the executive branch to enforce court decisions.
The Constitution grants Congress certain powers regarding the judicial branch. Article III of the Constitution authorizes Congress to create a system of lower courts below the US Supreme Court. These lower courts, also known as inferior federal courts, include US courts of appeals and US district courts. Congress has the power to define the jurisdiction of these inferior courts and to make exceptions to and regulations of the appellate jurisdiction of the Supreme Court. This process of limiting or reducing a court's jurisdiction is known as jurisdiction stripping or court-stripping.
Jurisdiction stripping can take two forms. The first type changes the court that will hear a case, while the second type insulates statutes from judicial review altogether. For example, Congress may set a minimum amount in controversy to bar lower federal courts from hearing diversity cases involving smaller amounts. Additionally, Congress can make laws that affect the jurisdiction of the courts, such as the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which granted the Secretary of Homeland Security the power to waive legal requirements to expedite the construction of border barriers and limited the review of such determinations to specific district courts.
It is important to note that there are limitations to Congress's power over the judiciary. Justice Joseph Story emphasized that Congress should ensure that judicial power is properly vested in the federal courts. He argued that Congress cannot concurrently remove the jurisdiction of inferior courts and the appellate jurisdiction of the Supreme Court over certain claims as it would violate the Constitution's mandatory grant of jurisdiction to the judiciary. Additionally, in Plaut v. Spendthrift Farm, Inc., the Court invalidated a statute enacted by Congress that disturbed a final judgment, asserting that Congress cannot alter the final judgments of Article III courts as it violates the separation of powers.
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Judges hold office during good behaviour
The Constitution specifies that judges, of both the supreme and inferior courts, "shall hold their offices during good behaviour". This clause, known as the Good Behavior Clause, is designed to ensure that judges are independent and can decide cases according to their interpretation of the law without fearing repercussions. Alexander Hamilton, in The Federalist No. 78, emphasised the importance of judicial independence, stating that it is "the best expedient which can be devised in any government to secure a steady, upright, and impartial administration of the laws".
The interpretation of the Good Behavior Clause has been a topic of debate. Some argue that it implies an alternative standard for the removal of federal judges beyond "high crimes and misdemeanours", which are typically grounds for the impeachment of federal officers. This interpretation suggests that Congress may remove judges for "misbehaviour" that does not constitute a high crime or misdemeanour. However, others reject this notion, claiming that the Framers intended the terms "good behaviour" and "high crimes and misdemeanours" to be interchangeable.
The modern view of Congress appears to align with the latter interpretation, as they consider "good behaviour" not to establish an independent standard for impeachable conduct. According to this perspective, federal judges can only be removed from office through impeachment by the House of Representatives and conviction by the Senate for "treason, bribery, or other high crimes and misdemeanours". This interpretation effectively grants federal judges lifetime tenure, unless they are removed through the proper constitutional mechanism.
It is important to note that the Good Behavior Clause does not shield federal judges from criminal prosecution. Judges, like all citizens, are subject to criminal law and can be prosecuted if they break the law. In such cases, they may be impeached by Congress, as illustrated in the case of Judge Harry E. Claiborne, who was impeached and removed from office before unsuccessfully challenging his indictment and prosecution as unconstitutional.
The interpretation of the Good Behavior Clause and the independence it affords to judges is a complex and evolving aspect of constitutional law. The balance between judicial independence and accountability is a critical aspect of the judicial system's integrity and fairness.
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Judicial power extends to cases in law and equity
The US Constitution's Article III outlines the scope of the judicial branch's power. It states that the judicial power extends to all cases in law and equity arising under the Constitution, US laws, and treaties made under their authority. This means that federal courts have the authority to hear and decide on cases involving constitutional issues, federal laws, and treaties made under US authority.
The concept of "law and equity" refers to the power of the judiciary to administer justice according to established legal principles and fairness. Law refers to the established body of legal rules and principles that govern society, while equity refers to the principles of fairness and justice that supplement the law.
The judicial power, as specified in Article III, covers a wide range of cases. It includes cases affecting ambassadors, other public ministers, and consuls, as well as cases of admiralty and maritime jurisdiction. It also covers controversies where the United States is a party, controversies between two or more states, between citizens of different states, and between citizens of the same state claiming lands under different grants.
The Supreme Court holds original jurisdiction in cases involving ambassadors, public ministers, consuls, and those in which a state is a party. In all other mentioned cases, the Supreme Court exercises appellate jurisdiction, with the power to review both the law and the facts of the case.
The Constitution vests the judicial power in a hierarchical structure of federal courts, consisting of inferior courts and one Supreme Court. This structure ensures that the decision of an inferior court can be reviewed by a higher court, promoting consistency and fairness in the interpretation and application of the law.
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Congress can declare punishment for treason
The US Constitution outlines the powers of the three branches of the US government: the executive, the legislative, and the judicial. Article III of the Constitution establishes the judicial branch and outlines its powers.
The judicial power of the United States is vested in a Supreme Court and in "inferior" federal courts created by Congress. This is known as jurisdiction, which is the authority of a court to exercise its judicial power in aspecific case. Judicial power allows federal courts to decide a case and render a judgment that resolves it.
Article III also establishes that Congress has the power to declare the punishment for treason. Treason is defined as levying war against the United States or aiding its enemies. The Constitution narrowed the scope of punishment for treason compared to English common law, which included "corruption of blood", or the prohibition of family members from inheriting property from a person convicted of treason. The Constitution states that this punishment may not extend beyond the life of the person convicted of treason.
Congress's power to declare punishment for treason is an example of the separation of powers between the legislative and judicial branches. While Congress can establish penalties for treason, it cannot alter the final judgments of Article III courts. For example, in Plaut v. Spendthrift Farm, Inc., the Court invalidated a statute enacted by Congress that retroactively extended the time for suits that had been dismissed, as it was impermissible for Congress to disturb a final judgment.
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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 Constitution states that the judicial power shall extend to all cases in law and equity that arise under the Constitution, laws of the United States, and treaties made under their authority. It also includes cases involving ambassadors, public ministers, and consuls, as well as admiralty and maritime cases.
Congress has the power to define and limit the jurisdiction of the federal courts, influencing the types of cases they hear and the scope of their decisions. They can also impeach and remove federal judges, including Supreme Court justices, for misconduct or abuse of power.
Judicial power establishes a system of checks and balances, ensuring no branch of government accumulates excessive power. It safeguards democracy and the rule of law, with the judiciary interpreting laws passed by Congress to ensure their constitutionality.

























