Simone Lawson
The US Constitution establishes the federal judiciary and outlines the structure of the judicial branch, which includes the Supreme Court and inferior courts established by Congress. Article III of the Constitution guarantees the right to a fair trial and outlines the jurisdiction of the Supreme Court, including its authority over certain cases, such as disputes between states or cases involving ambassadors. The Supreme Court also has the power of judicial review, which allows it to declare acts of Congress or Executive acts unconstitutional. The Constitution grants Congress significant discretion in shaping the federal judiciary, including determining the number of Supreme Court justices and establishing inferior courts, such as district courts and courts of appeals. Federal judges serve for life and can only be removed through impeachment, ensuring independence in interpreting the law and applying it to individual cases.
| Characteristics | Values |
|---|---|
| Number of Supreme Court Justices | Determined by Congress, currently nine, with one Chief Justice and eight Associate Justices |
| Jurisdiction of federal courts | Generally determined by Congress, except in cases of disputes between two or more states |
| Judicial review | The ability of the Court to declare a Legislative or Executive act in violation of the Constitution |
| Authority | The power to strike down state laws found to be in violation of the Constitution |
| Trial process | Cases are first tried in district court, then appealed to appellate court, and may end up in the Supreme Court |
| Federal laws | Passed by Congress and signed by the President |
| Federal judges | Removed through impeachment by the House of Representatives and conviction in the Senate |
| Judicial power | Extended to all cases in law and equity, including those arising under the Constitution, laws of the United States, and treaties |
| Treason | Defined as levying war against the United States or aiding their enemies; conviction requires testimony of two witnesses or a confession in open court |
| Judicial independence | Judges hold office during good behaviour and receive compensation that cannot be diminished; critics argue against lifetime tenure |
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What You'll Learn
The Supreme Court is the highest court in the US
The Supreme Court is the highest court in the United States. It was established by Article III of the US 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."
The Supreme Court consists of one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. These measures are designed to protect the judiciary's independence from political influence.
The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear almost any case on appeal that involves a point of constitutional or federal law. The Court can choose to exercise this appellate jurisdiction at its discretion, and it agrees to hear approximately 100-150 of the over 7,000 cases it is asked to review annually.
The Supreme Court's most well-known power is judicial review, or the ability to declare a legislative or executive act in violation of the Constitution. This power is not explicitly stated in the Constitution but was established in the case of Marbury v. Madison (1803). The Court has used this power to define the scope and nature of the powers and separation between the legislative and executive branches, as well as to impose limitations on executive authority.
Justices can change their votes on a case until the decision is finalized and published. A decision supported by more than half of the justices is considered a "majority opinion" and sets a binding precedent in American law. A "plurality opinion," where fewer than half of the justices agree, is only partially binding.
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Congress can establish courts inferior to the Supreme Court
Article III, Section I 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 provision, known as the Vesting Clause, grants Congress the power to establish lower federal courts, or "inferior" courts, subordinate to the Supreme Court.
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. This Act also gave the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
The establishment of inferior federal courts by Congress is in accordance with the constitutional system of "checks and balances." This system ensures that the three branches of the federal government—legislative, executive, and judicial—operate separately but also cooperate with each other. For example, federal laws are passed by Congress and signed by the President, while the judicial branch decides the constitutionality of these laws.
The creation of inferior federal courts is also intended to alleviate the workload of the Supreme Court. Alexander Hamilton and James Madison argued that the power of constituting inferior courts is necessary to avoid having to go to the Supreme Court in every case of federal cognizance.
Congress has the authority to regulate the practices and procedures of the inferior federal courts. This includes the power to define their jurisdiction and withhold jurisdiction in certain cases. The jurisdiction of these inferior courts is subject to congressional prescription, and Congress can limit their jurisdiction to particular objects or cases.
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The right to a fair trial is guaranteed
The right to a fair trial is a fundamental human right that is recognised internationally. This right is guaranteed by various constitutions and declarations, including the Fourth, Fifth, Sixth, Seventh, and Fourteenth Amendments to the United States Constitution, and Article 6 of the European Convention on Human Rights.
A fair trial is one that is "conducted fairly, justly, and with procedural regularity by an impartial judge". It is a cornerstone of democracy, helping to ensure just societies and limit abuse by governments and authorities. The right to a fair trial is about ensuring that the processes leading up to and following a trial protect an individual's fundamental rights.
The right to a fair trial includes the presumption of innocence until proven guilty. This is often undermined in practice, for example, when those accused are treated as criminals before their trial, or when they are coerced into confessing or incriminating themselves. It is the responsibility of the state to prove guilt, not for the accused to prove their innocence.
To ensure a fair trial, special measures may be required to give accused persons a fair chance to present their defence. For example, providing an interpreter for those who do not speak the language, or additional support for children and vulnerable adults. Courts must be impartial and independent, and judges must be competent and independent.
The Supreme Court plays an important role in the US constitutional system of government. It has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison (1803). The Supreme Court is also the final arbiter of when a Constitutional right is violated.
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The Supreme Court has original and appellate jurisdiction
Article III, Section I of the US Constitution establishes the federal judiciary, with the Supreme Court at its apex, alongside inferior courts ordained and established by Congress. Article III, Section II further outlines the jurisdiction of the Supreme Court, which has original jurisdiction over certain cases and appellate jurisdiction over almost any other case involving a point of constitutional or federal law.
The Supreme Court has original jurisdiction (a case is tried before the Court) in suits between two or more states, cases involving ambassadors and other public ministers, and cases where the Court may allow actions to be commenced in the Supreme Court. 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).
The Court has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law. Some examples include cases to which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases). There are 13 appellate courts that sit below the US Supreme Court, known as US Courts of Appeals. These courts determine whether the law was correctly applied in the trial court or federal administrative agency.
The Supreme Court usually hears cases that have been decided in a US Court of Appeals or the highest court in a given state, particularly if the state court decided a Constitutional issue. The Court is not obligated to hear these cases and typically only does so if the case could have national significance, might harmonize conflicting decisions in federal Circuit courts, or could have precedential value.
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The judicial branch operates within a system of checks and balances
The US Constitution establishes three distinct but equal branches of government: the legislative, executive, and judicial branches. The judicial branch, comprising the Supreme Court and other federal courts, operates within a system of checks and balances, which ensures that no single branch can overpower the others.
The judicial branch interprets the laws, while the legislative branch makes the laws, and the executive branch enforces them. The judicial branch has the power of judicial review, which means it can declare laws or presidential actions unconstitutional. For example, in US v. Alvarez, the Supreme Court ruled that the Act was unconstitutional as it infringed on the right to free speech protected by the First Amendment.
The legislative branch, through the Senate, confirms the President's nominations for judicial positions. Congress can also impeach judges and remove them from office. Congress can further check the decisions of the Supreme Court by passing amendments to the Constitution, although this requires a two-thirds majority vote in both the House of Representatives and the Senate.
The President, as part of the executive branch, can also check the judiciary through the power of appointment, which can be used to influence the direction of federal courts. The executive branch, through federal agencies, is responsible for the day-to-day enforcement and administration of federal laws.
Overall, the system of checks and balances ensures that the three branches of government operate in balance with one another, preventing any one branch from becoming too powerful.
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Frequently asked questions
The U.S. Supreme Court is the highest court in the country.
There are 13 appellate courts or U.S. courts of appeals under the Supreme Court. Below them are 94 district or trial courts, and 90 bankruptcy courts.
Article III establishes the judicial branch as one of the three branches of the federal government. It also guarantees every person accused of wrongdoing the right to a fair trial and establishes the Supreme Court and inferior courts.
The Supreme Court has original jurisdiction over cases between two or more states, cases involving ambassadors and other public ministers, and cases involving ships on the high seas, among others. It has appellate jurisdiction over almost any other case involving a point of constitutional and/or federal law.
The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. It also has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
