The Judiciary: Constitutional Powers Explained

The judiciary's powers in the US Constitution are outlined in Article III, which establishes the federal judiciary and outlines its jurisdiction. 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. The Supreme Court, as the highest court in the land, is the court of last resort for those seeking justice and has the power to review and strike down laws that violate the Constitution. This power of judicial review ensures that each branch of government recognizes its limits and protects civil rights and liberties. The Constitution grants the Supreme Court original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors. It also has appellate jurisdiction over a wide range of cases, including those involving constitutional and federal law. The judiciary's powers include the ability to issue writs, make rules governing their processes, and appoint investigators and attorneys.

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Judicial power is vested in the Supreme Court and inferior federal courts

Article III of the US Constitution establishes the federal judiciary. Judicial power is vested in the Supreme Court and such inferior federal courts as are ordained and established by Congress. This means that the Supreme Court and inferior federal courts exercise the totality of powers a court can exercise when it assumes jurisdiction and hears and decides a case.

The Constitution establishes the Supreme Court, but it 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.

The 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. It includes cases affecting ambassadors, other public ministers and consuls, and cases of admiralty and maritime jurisdiction. The judicial power also covers controversies to which the United States is a party, controversies between two or more states, between citizens of different states, and between a state and citizens of another state.

The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors. It has appellate jurisdiction on almost any other case that involves a point of constitutional or federal law.

The Supreme Court's power of judicial review is not explicitly mentioned in the Constitution but was established in Marbury v. Madison (1803). This power allows the Court to declare a Legislative or Executive act in violation of the Constitution and ensures that each branch of government recognises the limits of its power.

The power of judicial review

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 article establishes the federal judiciary and gives the Supreme Court judicial power over "all Cases, in Law and Equity, arising under this Constitution", meaning that the Supreme Court’s main job is to decide if laws are constitutional.

Judicial power is defined as the power "of a court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision." Jurisdiction, on the other hand, refers to the power to hear and determine the subject matter in controversy between parties to a suit. While these terms are often used interchangeably, they are distinct concepts. Jurisdiction is a prerequisite to the exercise of judicial power, which includes all the powers a court exercises when it assumes jurisdiction and hears and decides a case.

In conclusion, the power of judicial review is a critical tool for the Supreme Court to uphold the Constitution, protect civil rights and liberties, and ensure that all branches of government operate within their designated powers.

Jurisdiction and original jurisdiction

Jurisdiction is the authority of a court to exercise judicial power in a specific case. It is the power to hear and determine the subject matter in controversy between parties to a suit. Jurisdiction is a prerequisite to the exercise of judicial power, which is the totality of powers a court exercises when it assumes jurisdiction and hears and decides a a case.

The terms "judicial power" and "jurisdiction" are frequently used interchangeably. However, there is a distinction between the two concepts. Judicial power is the power of a court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision. It is the right to determine actual controversies arising between diverse litigants, duly instituted in courts of proper jurisdiction.

Article III, Section I 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 in such inferior Courts as the Congress may from time to time ordain and establish." This means that all the judicial power of the United States is vested in the Supreme Court and the inferior federal courts created by Congress. However, neither the Supreme Court nor the inferior federal courts have ever been vested with all the jurisdiction that could be granted.

The Supreme Court has original jurisdiction (the authority to hear a case in the first instance) over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It has appellate jurisdiction (the authority to hear a case on appeal) on almost any other case that involves a point of constitutional and/or federal law.

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). However, in the case of Marbury v. Madison (1803), the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in this matter. This case established the doctrine of judicial review, which is the ability of the Court to declare a Legislative or Executive act in violation of the Constitution.

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Ancillary powers of courts

Article III of the US Constitution establishes the federal judiciary. It 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 also distinguishes between judicial power and jurisdiction, with the former referring to the authority to decide and pronounce a judgment, and the latter referring to the power to hear and determine the subject matter in a specific case.

The Supreme Court, as the highest court in the land, is the final arbiter of justice and plays a crucial role in safeguarding civil rights and liberties. It ensures that each branch of the government respects its constitutional limits and protects the independence of the judiciary from political influence.

Included within the general judicial power are the ancillary powers of courts. These ancillary powers are integral to the effective functioning and authority of the courts. They encompass the following key aspects:

• The power to punish for contempt of court, which is essential to maintain the dignity and respect of the court's authority.
• The ability to issue writs in aid of jurisdiction when authorized by statute, such as writs of mandamus, to compel government officials to act in accordance with the law.
• The authority to make rules governing their processes, fill vacancies, and appoint necessary personnel, such as investigators and attorneys, to ensure the smooth functioning of the court.
• The discretion to order their own processes and procedures to prevent abuse, oppression, and injustice, thereby safeguarding the rights of litigants and protecting the integrity of the judicial system.
• The capacity to protect their jurisdiction and officers, including the protection of property in the custody of the law, ensures the court's ability to administer justice without external interference.

These ancillary powers are vital for the efficient administration of justice and the maintenance of the court's authority. They provide the necessary tools for courts to manage their processes, protect their integrity, and enforce their decisions.

Independence of the judiciary

The independence of the judiciary is a fundamental principle of the US Constitution. Article III of the Constitution establishes the federal judiciary as one of the three equal branches of the federal government. It 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 independence of the judiciary is essential to ensure the rule of law is respected. Judicial independence means that judges are free from pressure and influence and can make impartial decisions based solely on facts and laws. It protects the rights and freedoms of citizens by ensuring that cases are decided according to the law and not political agendas or personal interests.

There are several factors that contribute to the independence of the judiciary in the US:

• Appointment and Tenure: Federal judges are appointed, not elected. This frees them from political pressures associated with elections, such as fundraising and taking partisan stands on issues. Appointed judges have life tenure, providing job security and allowing them to make decisions without fear of retaliation or losing reelection.
• Salary Protection: The salaries of federal judges cannot be decreased during their term of office. This safeguard protects against external influences and ensures judges can focus on administering justice without concern for financial repercussions.
• Jurisdiction and Powers: The judiciary has original and appellate jurisdiction over specific cases, as outlined in Article III. This includes cases involving the interpretation of the Constitution, treaties, and disputes between states. The power of judicial review, established in Marbury v. Madison (1803), allows the Supreme Court to declare acts of Congress or the Executive Branch unconstitutional, ensuring that all branches of government respect constitutional limits.
• Internal Administration: The assignment of cases to judges within a court is an internal matter of judicial administration. This autonomy allows the judiciary to manage its caseload and ensure the efficient administration of justice.
• Freedom of Expression and Association: Judges, like all citizens, are entitled to freedom of expression, belief, association, and assembly. They can form associations to represent their interests, promote professional training, and protect their independence.

The independence of the judiciary is a cornerstone of a democratic society, safeguarding the rights and liberties of citizens and ensuring that the rule of law prevails over political or personal interests.

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