The Supreme Court: Our Founding Fathers' Vision

what court is listed in the u s constitution

The U.S. Constitution establishes the federal judiciary, outlining the Supreme Court as the highest court in the land. 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 provision sets the foundation for the nation's judicial system, with the Supreme Court at its apex. The Supreme Court plays a pivotal role in the constitutional system of checks and balances, serving as the final arbiter of justice, safeguarding civil liberties, and ensuring that the legislative and executive branches respect the boundaries of their power.

Characteristics Values
Established by Article III of the U.S. Constitution
Type of court Supreme Court
Position in the court system Highest court in the land; court of last resort
Number of justices 9 (8 associate justices and 1 chief justice)
Appointment of justices Appointed by the President and confirmed by the Senate for a life term
Jurisdiction Original jurisdiction over certain cases, e.g., suits between two or more states, cases involving ambassadors and other public ministers; appellate jurisdiction over almost any other case involving a point of constitutional and/or federal law
Powers Judicial review; authority to strike down laws that violate the Constitution; protection of civil rights and liberties
Role Ensures that each branch of government recognizes its own power limits; ensures that popular majorities cannot pass laws that harm minorities or take undue advantage of them
Court structure 13 appellate courts below the Supreme Court, called U.S. Courts of Appeals; 94 district or trial courts; 90 bankruptcy courts

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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." This article also authorises Congress to pass laws establishing a system of lower courts.

The Supreme Court has nine justices: one chief justice and eight associate justices. These justices are appointed by the President and confirmed by the Senate, and they hold their offices for life. The Court has original jurisdiction (the legal ability to hear a case) over certain types of cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. It also has appellate jurisdiction, meaning it can hear almost any case that involves a point of constitutional or federal law on appeal.

The Supreme Court plays a crucial role in the US constitutional system of government. As the highest court in the land, it is the final arbiter for those seeking justice. It also has the power of judicial review, ensuring that each branch of government recognises its own limits. This power allows the Court to strike down any laws that violate the Constitution, protecting civil rights and liberties. Furthermore, it ensures that the majority cannot pass laws that harm or take advantage of unpopular minorities, thus setting limits on democratic government.

The Supreme Court's decisions have far-reaching implications, impacting not just lawyers and judges but society at large. Its role in interpreting the Constitution and federal law is essential to maintaining the balance of power between the three branches of government: the legislative, executive, and judicial.

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The Constitution established the Supreme Court

The Constitution of the United States established the Supreme Court. Article III, Section I of the Constitution, also known as the Judiciary Article, states:

> "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, with the Supreme Court at its apex. It also grants Congress the authority to determine the structure of the Supreme Court and create lower federal courts. The Judiciary Act of 1789 was the first instance of Congress exercising this power, establishing a Supreme Court with six justices and a lower federal court system.

The Supreme Court is the highest court in the land and serves as the final arbiter for those seeking justice. It holds immense significance in the constitutional system of government. Its power of judicial review ensures that each branch of government respects its own limitations. The Court also safeguards civil rights and liberties by invalidating laws that contravene the Constitution. Furthermore, it prevents the majority from enacting laws that may harm or unfairly benefit minority groups, thus preserving fundamental values such as freedom of speech, freedom of religion, and due process of law.

Article III, Section II of the Constitution outlines the jurisdiction of the Supreme Court. The Court has original jurisdiction over specific cases, such as suits between states or cases involving ambassadors and other public ministers. In most other cases, the Court has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law. The Certiorari Act of 1925 grants the Court the discretion to decide whether to hear a case on appeal.

The Supreme Court justices are appointed by the President and confirmed by the Senate, serving for life. They are commonly referred to as "justices" and wield substantial influence over the legal landscape. The Court's decisions carry weight not only for legal professionals but also for society as a whole.

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Congress decides how to organise the Supreme Court

The Supreme Court is the highest court in the United States, established by Article III of the Constitution, which outlines 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."

Article III, Section II establishes the jurisdiction of the Supreme Court, outlining the cases over which the Court has original jurisdiction (where a case is tried before the Court) and those over which it has appellate jurisdiction (where the Court can hear a case on appeal).

While the Constitution establishes the Supreme Court, it is Congress that decides 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. Since then, various Acts of Congress have altered the number of seats on the Supreme Court, ranging from five to ten justices. Following the Civil War, the number of seats was fixed at nine, which remains the case today—one Chief Justice and eight Associate Justices.

The Supreme Court plays a critical role in the constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of government recognises its limits, protecting civil rights and liberties by striking down laws that violate the Constitution. The Court also sets limits on democratic government, preventing popular majorities from passing laws that harm or take advantage of unpopular minorities. As such, it ensures that the changing views of the majority do not undermine fundamental values such as freedom of speech, freedom of religion, and due process of law.

The Supreme Court justices, like other federal judges, are appointed by the President and confirmed by the Senate for a life term. However, they may be removed by impeachment by the House of Representatives and conviction by the Senate.

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The Supreme Court has original and appellate jurisdiction

The Supreme Court of the United States is established by Article III, Section I of the Constitution, which states:

> "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."

Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states, or cases involving ambassadors and other public ministers. In these cases, the Supreme Court is the first court to hear the case.

The Supreme Court also has original jurisdiction to issue writs of mandamus, which are legal orders compelling government officials to act in accordance with the law.

In its original jurisdiction, the Supreme Court may allow actions to be commenced in the Supreme Court and may issue mandamus, certiorari, and other extraordinary writs. This typically occurs when the case involves significant public interest or other unusual circumstances.

The Supreme Court also has appellate jurisdiction, which means it can hear cases on appeal from lower courts. The Court has the discretion to decide whether or not to hear a case on appeal. It usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, or could have precedential value.

The Supreme Court has exclusive jurisdiction to hear appeals from the circuit court which includes a sentence of death, a decision of the Public Service Commission setting a public utility rate, a judgment involving a constitutional challenge to a state statute or local ordinance, a judgment of the circuit court involving public bonded indebtedness, a judgment of the circuit court pertaining to an election, an order limiting the investigation by a State Grand Jury, and an order of the family court relating to an abortion by a minor.

The Supreme Court's term begins on the first Monday in October and goes through to the Sunday before the first Monday in October of the following year. The Court hears oral arguments in cases from October through April, with arguments heard during the first two weeks of each month from October through December, and during the last two weeks of each month from January through April.

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Federal judges are appointed by the President

The Supreme Court is the highest court in the US judicial system, and it is the court of last resort for those seeking justice. The US Constitution establishes the federal judiciary in Article III, 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."

Federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate for a life term. This process is outlined in Article III of the Constitution, which states that these judicial officers are appointed by the President "with the advice and consent" of the Senate. The President's power to appoint federal judges is a fundamental aspect of the relationship between the executive and judicial branches, and it allows the President to influence the composition of the judiciary.

The process of appointing federal judges has evolved over time, with political circumstances, Senate norms, presidential preferences, and the growth of government bureaucracy influencing the selection process. While the President has the authority to nominate judges, their discretion is limited by the need for Senate approval. The Senate plays a crucial role in providing a check on the executive power of judicial appointments.

The nominees for federal judgeships are often recommended by senators or members of the House who share the President's political party. The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. Once confirmed, federal judges hold their positions for life, although they may resign or retire earlier. They can also be removed by impeachment by the House of Representatives and conviction by the Senate.

In addition to Supreme Court justices, the President also appoints judges to the court of appeals and district courts, which are established by legislation enacted by Congress. District courts are the trial courts within the federal court system, handling both civil and criminal cases. Each district court has at least one district judge appointed by the President.

Frequently asked questions

The Supreme Court is the highest court in the United States.

Article III of the U.S. Constitution establishes the Supreme Court and authorises Congress to pass laws establishing a system of lower courts. Article III, Section I states:

> 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 plays a crucial role in the constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. It also has the power of judicial review, ensuring that each branch of government recognises its limits. Additionally, it protects civil rights and liberties by striking down laws that violate the Constitution.

Supreme Court justices are appointed by the President and confirmed by the Senate for a life term. They can, however, be removed by impeachment by the House of Representatives and conviction by the Senate.

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