
The authority of a higher court, such as the Supreme Court of the United States, to review and revise the decisions made by lower courts is referred to as appellate jurisdiction. The types of cases the Supreme Court can hear are outlined in Article III of the Constitution, which establishes the federal judiciary and includes cases involving federal laws, treaties, and disputes between states. The Supreme Court's role in appellate jurisdiction has evolved over time, shifting from a focus on correcting errors to developing the law and addressing issues of broader public interest. The Court's appellate jurisdiction is discretionary, enabling it to influence the development of the law and decide cases with significant implications beyond the immediate parties involved. This discretionary nature is reflected in the decreasing number of cases accepted for review, with the Court prioritising cases of national significance, those that harmonise conflicting decisions, and those with precedential value.
| Characteristics | Values |
|---|---|
| Nature of appellate jurisdiction | The authority of a higher court, such as the Supreme Court of the United States, to review and revise the decisions made by lower courts. |
| Types of cases | Cases involving federal laws, treaties, disputes between states, and those that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state. |
| Cases with mandatory review | Cases that could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value. |
| Cases with discretionary review | Cases that may have significant implications beyond the immediate parties involved. |
| Number of cases accepted for review | 100-150 out of more than 7,000 cases that the Supreme Court is asked to review each year. |
| Procedural mechanisms | Appeals and petitions for a writ of certiorari. |
| Number of Justices | 9 |
| Requirements for accepting a case | Four of the nine Justices must vote to accept a case. |
| Requirements for granting a stay | Five of the nine Justices must vote to grant a stay. |
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What You'll Learn
- The Supreme Court's appellate jurisdiction is authorised by Congress
- The Supreme Court can review decisions of state courts and lower federal courts
- The Supreme Court has discretionary power to grant or deny a review
- Appellate jurisdiction covers cases involving federal laws, treaties, and disputes between states
- The Supreme Court's role in appellate jurisdiction has evolved over time

The Supreme Court's appellate jurisdiction is authorised by Congress
The Supreme Court's appellate jurisdiction is derived from Article III of the US Constitution, which establishes the federal judiciary. 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 provision grants Congress the authority to shape the Supreme Court's jurisdiction and establish lower federal courts.
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 Act also granted the Supreme Court original jurisdiction to issue writs of mandamus and limited appellate jurisdiction over some decisions of the federal district courts. Over time, Congress has further defined and limited the types of cases subject to direct appeal to the Supreme Court, with most cases now being subject to discretionary review.
The Supreme Court's appellate jurisdiction refers to its authority to review and revise decisions made by lower courts. This jurisdiction is primarily established by the Constitution, which outlines the types of cases the Court can hear, including those involving federal laws, treaties, and disputes between states. The Court's appellate jurisdiction also extends to cases affecting ambassadors, consuls, and those in which a state is a party.
The Supreme Court's role in appellate jurisdiction has evolved over time, shifting from a focus on correcting errors to developing the law and addressing issues of broader public interest. The Court exercises its appellate jurisdiction through a process called "writ of certiorari," where it selectively chooses cases for review based on specific criteria. The Court typically hears cases that have been decided in a US Court of Appeals or the highest court in a given state, particularly when a Constitutional issue is involved.
The discretionary nature of appellate jurisdiction allows the Supreme Court to influence the development of the law and decide cases with significant implications beyond the immediate parties. It serves as a crucial mechanism for upholding the Constitution, ensuring the rule of law, and protecting civil rights and liberties by striking down laws that violate the Constitution. The Court's appellate jurisdiction is, therefore, authorised and shaped by Congress within the framework provided by Article III of the Constitution.
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The Supreme Court can review decisions of state courts and lower federal courts
The Supreme Court of the United States is the highest court in the country, and its power, including its appellate jurisdiction, originates from Article III of the U.S. Constitution. The Constitution grants the Supreme Court the authority to review and revise decisions made by lower courts, including state courts and lower federal courts. This is known as the Supreme Court's appellate jurisdiction.
The Supreme Court's appellate jurisdiction was established to ensure the supremacy and uniformity of federal law across the nation. It allows the Court to influence the development of the law and address issues of broader public interest, beyond the immediate parties involved in a case. The Court's appellate jurisdiction also serves as a crucial mechanism for upholding the Constitution and ensuring the rule of law in the United States.
Congress has authorized two procedural mechanisms for the Supreme Court to review decisions of state courts and lower federal courts: appeals and petitions for a writ of certiorari. While the Court has discretion to grant or deny review via a petition for a writ of certiorari, it is required to exercise jurisdiction over cases properly before it on direct appeal. Over time, Congress has limited the types of cases subject to direct appeal, resulting in more cases being subject to discretionary review via certiorari.
The Supreme Court's appellate jurisdiction extends to a range of cases, including those involving federal laws, treaties, disputes between states, and controversies to which the United States is a party. It also covers cases affecting ambassadors and consuls, admiralty and maritime jurisdiction, and controversies between citizens of different states (diversity jurisdiction). The Court's appellate jurisdiction does not extend to all cases, and it typically accepts only 100-150 cases out of the more than 7,000 cases it is asked to review each year. The Court considers factors such as national significance, conflicting decisions in lower courts, and precedential value when deciding whether to accept a case.
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The Supreme Court has discretionary power to grant or deny a review
The Supreme Court of the United States is established by Article III, Section 1 of the Constitution, which also vests it with the federal judiciary. Article III, Section 2, Clause 2 grants the Supreme Court appellate jurisdiction "both as to Law and Fact". However, Article III does not prescribe guidelines for the appellate jurisdiction of inferior courts, and it grants Congress the power to shape the Supreme Court's jurisdiction.
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 Act also granted the Supreme Court original jurisdiction to issue writs of mandamus, and the power to review by writ of error final judgments in civil actions in the circuit courts.
Over time, Congress has limited the types of cases subject to direct appeal to the Supreme Court, rendering more cases subject to discretionary review via certiorari. The Supreme Court has discretionary power to grant or deny a review, and it usually only hears cases that have been decided in a U.S. Court of Appeals or the highest court in a given state. The Court usually accepts 100-150 of the more than 7,000 cases it is asked to review each year, and four of the nine Justices must vote to accept a case.
The Supreme Court's role in appellate jurisdiction has evolved over time, shifting from a focus on correcting errors to developing the law and addressing issues of broader public interest. The discretionary nature of appellate jurisdiction enables the Court to influence the development of the law, deciding cases that may have significant implications beyond the immediate parties involved.
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Appellate jurisdiction covers cases involving federal laws, treaties, and disputes between states
The US Constitution establishes the federal judiciary and outlines the types of cases the Supreme Court can hear, including those involving federal laws, treaties, and disputes between states. The Supreme Court's role in appellate jurisdiction has evolved over time, shifting from a focus on correcting errors to developing the law and addressing issues of broader public interest.
Appellate jurisdiction refers to the authority of a higher court, such as the Supreme Court, to review and revise the decisions made by lower courts. This jurisdiction is primarily established by the US Constitution, which grants the Supreme Court the power to hear cases involving federal laws, treaties, and disputes between states. The Supreme Court has original jurisdiction in cases affecting ambassadors, consuls, and those in which a state is a party. The remaining jurisdiction of the Court is appellate.
Article III, Section 1 of the Constitution establishes the Supreme Court and permits Congress to decide how to organize 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, but today there is one Chief Justice and eight Associate Justices.
The Supreme Court's appellate jurisdiction is not unlimited, and Congress has the power to shape and limit it. For example, Congress has authorized Supreme Court review of decisions of state courts and lower federal courts 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.
The Supreme Court's appellate jurisdiction is crucial for upholding the Constitution and ensuring the rule of law in the United States. It plays an essential role in ensuring 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 profound impact on society, influencing the development of the law and addressing issues of broad public interest.
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The Supreme Court's role in appellate jurisdiction has evolved over time
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law.
The role of the Supreme Court in appellate jurisdiction has evolved over time, with the Court's interpretation of the Constitution and federal law shaping American law. The Supreme Court's appellate jurisdiction refers to its authority to review decisions made by lower courts. This jurisdiction is outlined in Article III of the U.S. Constitution, which grants the Supreme Court original jurisdiction in certain types of cases, such as those involving ambassadors and disputes between states.
The early Supreme Court emphasised the mandatory nature of appellate review, with Chief Justice John Marshall implying in Marbury v. Madison (1803) that the Court is obligated to take and decide cases meeting jurisdictional standards. The Court's early statements that it could not decline to hear cases within its jurisdiction were based on similar grounds as other Court holdings that embraced mandatory limitations of the judicial process. This broad grant of appellate jurisdiction eventually led to overcrowding on the Supreme Court's docket.
Over time, Congress has limited the types of cases subject to direct appeal to the Supreme Court, rendering more cases subject to discretionary review. The Certiorari Act of 1925 gave the Court discretion in deciding whether to hear a case. The Court primarily exercises this power through writs of certiorari, where it chooses to review cases with significant legal or constitutional questions.
The Supreme Court's role in appellate jurisdiction has also evolved with changes in the types of cases brought before the Court. For example, civil rights suits became an increasingly important source of appellate cases during the 1950s and 1960s, with the Court expanding the rights of criminal defendants and leading to a host of new criminal appeals based on constitutional rights claims. The Supreme Court's decisions in these areas have had a profound impact on society, shaping the interpretation of constitutional and federal law.
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Frequently asked questions
Appellate jurisdiction refers to the authority of a higher court, such as the Supreme Court of the United States, to review and revise the decisions made by lower courts.
The Supreme Court can hear cases involving federal laws, treaties, disputes between states, and cases that have been decided in an appropriate U.S. Court of Appeals or the highest Court in a given state.
The Supreme Court primarily exercises its appellate jurisdiction through a process called "writ of certiorari", which allows it to selectively choose the cases it will review based on specific criteria.
The Supreme Court's appellate jurisdiction was established by Article III of the 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."
In the case of Marbury v. Madison, the Supreme Court asserted its authority to strike down laws passed by Congress that were found to be contrary to the Constitution. This demonstrated the Court's power of judicial review and its role in ensuring that each branch of government recognizes the limits of its power.

























