
The Supreme Court of the United States is the only federal court established by the Constitution. Article III of the Constitution, also known as the Judicial Branch, created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. The Supreme Court is the highest court in the United States and plays a crucial role in the constitutional system of government. It has the power of judicial review and ensures that each branch of government recognizes its limits. The Court also protects civil rights and liberties by striking down laws that violate the Constitution. The number of justices on the Supreme Court has varied over time, but it is currently fixed at nine, including one Chief Justice and eight Associate Justices.
| Characteristics | Values |
|---|---|
| Established by | Article III of the U.S. Constitution |
| Type of court | Federal court |
| Number of justices | 9 (1 Chief Justice and 8 Associate Justices) |
| Jurisdiction | Original and appellate |
| Powers | Final say over Constitutional rights, judicial review, protection of civil rights and liberties, setting limits on democratic government |
| Judges | Appointed by the President and confirmed by the Senate |
| Terms | No term limits, salaries cannot be decreased during the term |
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What You'll Learn

The Supreme Court is the only federal court established by the Constitution
The Supreme Court is the only federal court established by the US Constitution. Article III, Section I of the Constitution, also known as the Vesting Clause, 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 reflects the Framers' intention to create a balanced government, avoiding tyranny, and ensuring a fair system of justice.
While the Constitution establishes the Supreme Court, it does not set the number of justices or establish specific positions on the Court. Instead, it permits Congress to decide on the Court's organization and structure. 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, the number of seats on the Supreme Court has varied, from a low of five to a high of ten. Since the 1869 Judiciary Act, the number has been fixed at nine: one Chief Justice and eight Associate Justices.
The Supreme Court is the highest court in the land and serves as the court of last resort for those seeking justice. It has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors, and appellate jurisdiction over almost any other case involving constitutional or federal law. The Court plays a crucial role in ensuring each branch of government recognizes its limits and protects civil rights and liberties by striking down laws that violate the Constitution.
The establishment of the Supreme Court as the only federal court in the Constitution demonstrates the Framers' desire to balance the power of the federal government and the states. This system of checks and balances ensures that no single branch of government becomes too powerful, safeguarding democracy and the rule of law.
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The Supreme Court has original and appellate jurisdiction
The Supreme Court is the highest court in the United States, established by Article III, Section I of the US Constitution. The Constitution grants the Supreme Court original and appellate jurisdiction.
Original jurisdiction refers to cases tried before the Court for the first time, and the Supreme Court has original jurisdiction over certain cases. For example, it may preside over suits between two or more states, cases involving ambassadors, and other public ministers. The Court may also issue mandamus, certiorari, and other extraordinary writs. This usually occurs when a case involves significant public interest or other unusual circumstances.
The Supreme Court has appellate jurisdiction over almost any case that involves a point of constitutional or federal law. In its appellate capacity, the Supreme Court hears appeals from the circuit court, which include sentences of death, decisions of the Public Service Commission, judgments involving constitutional challenges to a state statute or local ordinance, judgments pertaining to elections, and orders limiting the investigation by a State Grand Jury. The Supreme Court also hears appeals from the highest court in a given state if that court decided on a Constitutional issue.
The Supreme Court's term begins on the first Monday in October and continues for one year until the Sunday before the first Monday in October of the following year. The Court is typically in recess from late June or early July until October. During its term, the Court hears oral arguments from October through April, with arguments heard on the first two weeks of each month from October through December, and on the last two weeks of each month from January through April. Oral arguments are open to the public, with two cases heard each day, and each case is allotted an hour for arguments.
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Congress can create inferior courts
Article III of the US Constitution 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, known as the Vesting Clause, places the judicial power of the United States in the Supreme Court and such inferior courts as Congress may establish from time to time. This means that while the Constitution establishes the Supreme Court, it also permits Congress to decide how to organise it and create inferior 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. This Act created thirteen judicial districts, each with one district judge. The Act further divided the country into three judicial circuits and established "circuit courts", which were three-judge panels comprising one district judge and two Supreme Court justices.
Over the years, Congress has altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats was fixed at nine, which remains the current number.
In addition to creating inferior courts, Congress has the power to distribute federal jurisdiction among them. This includes determining which courts have original jurisdiction over federal cases and which have appellate jurisdiction. Congress has used this power to establish intermediate appellate courts, known as the United States Courts of Appeals, and to abolish circuit courts.
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Federal judges do not face term limits
The Supreme Court is established by Article III of the US Constitution, which also authorizes Congress to pass laws establishing a system of lower courts. The Supreme Court is the highest court in the US, with 13 appellate courts sitting below it, followed by 94 district or trial courts.
Federal judges, including Supreme Court justices, do not face term limits. They typically hold office for life. This is established by Article III, Section II of the Constitution, which states that judges shall hold office during "good behaviour". In practice, this has meant life tenure, as legislative impeachment and removal are rare. The aim of this is to secure a "steady, upright, and impartial administration of justice", protecting the independence of the judiciary from political branches of government.
However, lifetime tenure for federal judges has been controversial. Supreme Court justices now serve for longer on average than at any point in American history, with an average of 28 years. There is concern that lifetime appointments allow justices to push their personal, ideological agendas with little accountability. There is also a worry that the current court is highly political and polarized along partisan lines.
Some have proposed an 18-year term limit for Supreme Court justices, which would likely result in presidents of both parties appointing justices, reducing partisanship and improving the judiciary's reputation. This proposal has been supported by some judges, legal experts, former federal judges, and legal scholars, as well as two-thirds of Americans. However, some judges disagree, arguing that an age limit would be preferable, and that a mandatory retirement age should not be implemented. Others are concerned that term limits would simply shift the focus of partisan politics to the election campaigns.
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The Supreme Court has nine justices
The Supreme Court is the only federal court explicitly established by the US Constitution. Article III of the Constitution establishes the federal judiciary, and 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."
While the Constitution establishes the Supreme Court, it does not set the number of justices that must be appointed to it. Instead, it permits Congress to decide how to organize the court. In the Judiciary Act of 1789, Congress established a Supreme Court with six justices. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10.
Shortly after the Civil War, the number of seats on the Court was fixed at nine, including one Chief Justice and eight Associate Justices. These justices are appointed by the President and confirmed by the Senate, and they typically hold office for life. The salaries of the justices cannot be decreased during their term of office. These restrictions are intended to protect the independence of the judiciary from political interference.
The Supreme Court is the highest court in the land, serving as the court of last resort for those seeking justice. It has the power of judicial review, ensuring that each branch of government recognizes the limits of its power. The Court also protects civil rights and liberties by striking down laws that violate the Constitution and setting limits on democratic government.
Below the Supreme Court are 13 appellate courts, known as the US Courts of Appeals, and 94 district or trial courts, known as US district courts. The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction over almost any case involving a point of constitutional or federal law.
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Frequently asked questions
The US Supreme Court is the only federal court explicitly established by the US Constitution.
Article III, Section I of the US 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."
The US Supreme Court is the highest court in the US and has the final say on whether a right is protected by the Constitution or when a Constitutional right is violated. The Court also ensures that each branch of the government recognizes the limits of its power and protects civil rights and liberties by striking down laws that violate the Constitution.

























