Omar Bennett
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. The judicial branch includes the Supreme Court and other federal courts. Article III of the Constitution establishes the federal judiciary and states that the judicial power of the United States shall be vested in one supreme Court and such inferior courts as Congress may establish. The Supreme Court has original jurisdiction in cases affecting ambassadors, public ministers, and consuls, and those in which a state is a party. It has appellate jurisdiction in almost all other cases involving constitutional or federal law. The Court's power of judicial review ensures that each branch of government recognizes its limits and protects civil rights and liberties.
| Characteristics | Values |
|---|---|
| Judicial Power | Vested in one supreme court and inferior courts |
| Jurisdiction | Original and appellate |
| Powers | Declare acts of Congress unconstitutional, protect civil rights and liberties, set limits on democratic government, decide cases involving federal laws, decide cases involving the constitution, decide cases involving treaties, decide cases involving ships on the high seas and navigable waterways |
| Judges | Hold office during good behaviour, receive compensation for their services |
| Trial | All crimes, except impeachment, to be tried by jury |
| Treason | Defined as levying war against the United States or aiding their enemies |
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What You'll Learn
The Supreme Court is the highest court in the US
The Supreme Court of the United States, established in 1789, is the highest federal court in the country. It has final appellate powers over the federal court system, and its decisions cannot be reviewed by any other court. The Supreme Court also has the power of judicial review, which means it can interpret the Constitution and declare acts of Congress or Executive acts unconstitutional. For example, in United States v. Curtiss-Wright Export Corp. (1936), Dames & Moore v. Regan (1981), and notably in Goldwater v. Carter (1979), the Supreme Court defined the scope and nature of the powers and separation between the legislative and executive branches of the federal government.
The Supreme Court consists of nine members, including one Chief Justice and eight Associate Justices. New members are nominated to life terms by the President and must be confirmed by the Senate. There are no specific requirements set out in the Constitution for Supreme Court nominees. Each Justice has the freedom to choose whether to author an opinion or join the majority or another Justice's opinion. An opinion that more than half of the Justices join is known as a "majority opinion" and creates binding precedent in American law.
The Supreme Court is a critical component of the US constitutional system of government. As the court of last resort, it ensures that each branch of government recognizes its limits and protects civil rights and liberties by striking down laws that violate the Constitution. The Court's decisions have a significant impact on society, shaping the interpretation of the Constitution and ensuring that the majority's changing views do not undermine fundamental American values.
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Congress can establish inferior courts
The US Constitution grants Congress the power to establish inferior federal courts. This is outlined in Article III, which states that the judicial power of the US "shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish".
The first Congress established lower federal courts in the Judiciary Act of 1789, the first legislation related to the Federal Judiciary. This act created 13 judicial districts, each with one district judge, and three circuit courts. The circuit courts were made up of two Supreme Court justices and one district judge, and they met twice annually in the various districts comprising the circuit. This system had its faults, particularly the burden it imposed on Supreme Court justices, who were required to travel thousands of miles each year to hear cases in their assigned circuits.
The Federal Judiciary expanded as the nation grew, with each new state receiving a judicial district. Some states were eventually divided into multiple judicial districts, and some districts were given more than one district judge. Congress reorganized the Federal Judiciary into six judicial circuits in 1801.
The power to establish inferior courts gives Congress the ability to reorient the judicial system as needed. It is not restricted to maintaining the status quo but can expand and contract the units of the system. Congress has occasionally created courts under Article III to exercise specialized jurisdiction. For example, the Commerce Court, created by the Mann-Elkins Act of 1910, was given exclusive jurisdiction to enforce orders of the Interstate Commerce Commission.
The US Constitution also grants Congress the power to declare the punishment for treason, and to decide on the size and composition of the Supreme Court, as well as the time and place for its sitting and its internal organization.
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Judges' salaries cannot be reduced during their tenure
The US Constitution outlines the constitutional powers granted to the courts. Article III of the Constitution establishes the Supreme Court and authorises Congress to pass laws establishing a system of lower courts. The judicial Power of the United States is vested in one Supreme Court and inferior courts as ordained and established by Congress.
Article III also governs the appointment, tenure, and payment of Supreme Court justices, federal circuit judges, and district judges. These judges, often referred to as "Article III judges", are nominated by the President and confirmed by the US Senate. They hold their office during "good behaviour", which effectively means they have a lifetime appointment, except under very limited circumstances.
Article III 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 misdemeanors". This provision ensures that judges enjoy independence and are protected from retaliation by the President or Congress, including the reduction of their salaries during their tenure.
The Constitution explicitly states that judges' "Compensation [...] shall not be diminished during their Continuance in Office". This provision applies to both Supreme Court and inferior Court judges. It ensures that judges' financial security is protected during their service and further reinforces the independence of the judiciary from potential political interference.
The salaries of other types of federal judges, such as magistrate judges and bankruptcy judges, are also standardised and not affected by geography or length of tenure. This standardisation promotes consistency and fairness across the judiciary. While there have been criticisms of lifetime tenure for judges, any changes to this system would require a constitutional amendment, which is unlikely to occur.
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The Court has appellate jurisdiction
The Supreme Court is the highest court in the United States. It has appellate jurisdiction, which means that it can hear cases on appeal from lower courts. The Court's appellate jurisdiction is not unlimited, however, and is subject to "exceptions and regulations" prescribed by Congress.
The Court's appellate jurisdiction allows it to hear cases on almost any matter that involves a point of constitutional and/or federal law. Examples include cases in 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. Each year, the Supreme Court agrees to hear about 100-150 of the more than 7,000 cases that it is asked to review.
The Supreme Court's appellate jurisdiction is not limited to reviewing decisions of lower federal courts. It also has the power to review state court decisions. This power was established in the case of Marbury v. Madison, in which the Court held that an Act of Congress that is contrary to the Constitution cannot stand.
The Supreme Court's appellate jurisdiction is an important aspect of its role in the constitutional system of government. It allows the Court to ensure that the limits of its power are recognized and that civil rights and liberties are protected.
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The Court can declare acts unconstitutional
Article III of the US Constitution established the federal judiciary, with the judicial power of the US vested in a Supreme Court and such inferior courts as Congress chooses to establish. The Supreme Court is the highest court in the US and acts as the court of last resort for those seeking justice.
The Supreme Court has the power to declare acts of Congress or the Executive unconstitutional. This power of judicial review is not explicitly mentioned in the Constitution but has been established through cases such as Marbury v. Madison. The Court's power to strike down acts that violate the Constitution is essential to its role in ensuring that each branch of government recognizes the limits of its power.
The Supreme Court's ability to declare acts unconstitutional is also supported by Article VI of the Constitution, which establishes the Constitution as the supreme law of the land. This means that any act of Congress that contradicts the Constitution cannot stand. The Court has also established its authority to strike down state laws found to be in violation of the Constitution.
The Supreme Court's power to declare acts unconstitutional is an important check on the power of the other branches of government. It helps to protect civil rights and liberties by ensuring that laws passed by popular majorities do not harm or take undue advantage of unpopular minorities. The Court's decisions in this regard have a significant impact on society as a whole, not just on lawyers and judges.
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Frequently asked questions
The Supreme Court is the highest court in the United States and acts as the court of last resort for those seeking justice. It has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. It also ensures that each branch of the government recognizes the limits of its power, protecting civil rights and liberties.
Article III establishes the federal judiciary and states that the "judicial power of the United States shall be vested in one supreme Court and such inferior courts as Congress may establish." It gives Congress the power to decide how to organize the Supreme Court and establish a system of lower courts.
The judicial branch is one of the three branches of the U.S. government, alongside the legislative and executive branches. It operates within a system of checks and balances, where each branch can respond to the actions of the others. The judicial branch has the authority to decide the constitutionality of federal laws and resolve cases involving them.
The original jurisdiction of the Supreme Court refers to its power to hear cases for the first time, such as those involving ambassadors, public ministers, and cases in which the United States is a party. The appellate jurisdiction, on the other hand, is the Court's power to hear cases on appeal involving constitutional and/or federal law.
The Supreme Court has the power to declare acts of Congress or state laws unconstitutional if they violate the Constitution. It can also issue writs of mandamus, compelling government officials to act according to the law. Additionally, the Court plays a crucial role in interpreting the Constitution and ensuring that the rights and liberties of Americans are protected.
