Omar Bennett
The original U.S. Constitution, which established the federal judiciary, mentions the Supreme Court and authorises Congress to pass laws establishing a system of lower courts. 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 has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors. The Judiciary Act of 1789 established a Supreme Court with six justices and a lower federal court system.
| Characteristics | Values |
|---|---|
| Court mentioned in the original constitution | Supreme Court |
| Article of the constitution that mentions the court | Article III, Section I/II |
| Number of justices | Six |
| Court's jurisdiction | Original and appellate |
| Court's role | Highest court in the land, ensures each branch of government recognizes its power limits, protects civil rights and liberties, and sets limits on democratic government |
| Court's power | Extended to all cases in law and equity, including those involving the constitution, federal laws, treaties, ambassadors, admiralty, and maritime jurisdiction |
| Court's authority | Issuing writs of mandamus, establishing the constitution as the supreme law, striking down state laws that violate the constitution |
| Court's structure | Established by the Judiciary Act of 1789, with 3 branches – legislative, executive, and judicial |
| Court's appellate jurisdiction | Cases involving the constitution, federal laws, treaties, and seas and waterways (admiralty cases) |
| Court's ability to review | Constitutionality of statutes, treaties, and administrative regulations |
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What You'll Learn
The Supreme Court is the highest court in the land
The Supreme Court is the highest court in the United States. It was established by Article III, Section I 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." This article also establishes the federal judiciary, giving Congress the power to decide how to organize the Supreme Court and create a system of lower courts.
The Supreme Court has original jurisdiction over certain cases, as outlined in Article III, Section II of the Constitution. This means that these cases are tried before the Court, and include suits between two or more states, cases involving ambassadors and other public ministers, and cases in which the United States is a party. The Court also has original jurisdiction when it comes to issuing writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
In addition to its original jurisdiction, the Supreme Court also has appellate jurisdiction, which means that it can hear cases on appeal. This includes almost any case that involves a point of constitutional or federal law, such as cases involving treaties or ships on the high seas (admiralty cases). The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction.
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 ensures that each branch of government recognizes its own limits and protects civil rights and liberties by striking down laws that violate the Constitution. The decisions of the Supreme Court have a significant impact on society, helping to shape the interpretation and application of the Constitution.
The Supreme Court currently consists of one Chief Justice and eight Associate Justices. The number of seats on the Court has varied over the years, ranging from five to ten, but was fixed at nine after the Civil War.
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The Judiciary Act of 1789 established the Supreme Court
Article III of the US Constitution established the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. The Judiciary Act of 1789, passed by the First Congress, established the federal judiciary and created a Supreme Court with six justices. This act also established the lower federal court system, dividing the country into three circuits: the eastern, middle, and southern. The eastern circuit consisted of the districts of New Hampshire, Massachusetts, Connecticut, and New York, while the middle circuit included New Jersey, Pennsylvania, Delaware, Maryland, and Virginia. The southern circuit was made up of South Carolina and Georgia.
The Judiciary Act of 1789 also gave the Supreme Court original jurisdiction in certain cases, such as those involving ambassadors, other public ministers, and consuls, as well as controversies in which a state is a party. This meant that the Supreme Court had the authority to hear these cases directly, rather than on appeal. The Act further granted the Supreme Court appellate jurisdiction in cases from the federal circuit courts and state courts where federal claims had been rejected.
The establishment of the Supreme Court and the federal court system was considered one of the most important tasks of the new nation. The Supreme Court, as the highest court in the land, serves as the final arbiter of justice and plays a crucial role in ensuring that each branch of government respects its constitutional limits. It safeguards civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government to protect the rights of minorities.
The Judiciary Act of 1789 was a significant step in the development of the US judicial system, providing a framework for the organization and jurisdiction of the Supreme Court and the lower federal courts. It addressed questions raised by Article III of the Constitution and established the Supreme Court's authority in relation to other courts. This Act has been amended and built upon over the years, but it remains a foundational component of the US judicial system.
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The Supreme Court has original and appellate jurisdiction
Article III, Section II of the US Constitution establishes the jurisdiction of the Supreme Court, which has original jurisdiction over certain cases and appellate jurisdiction over almost all other cases. The original jurisdiction of the Supreme Court includes suits between two or more states, cases involving ambassadors and other public ministers, and cases in which a state is a party. The Supreme Court has appellate jurisdiction over cases involving constitutional and federal law, such as those to which the United States is a party, cases involving treaties, and admiralty cases.
The Supreme Court is the highest court in the land and plays a crucial role in the constitutional system of government. It is the court of last resort for those seeking justice, and its power of judicial review ensures that each branch of government respects its limits. The Court also protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government to safeguard the fundamental values of all Americans, including freedom of speech, religion, and due process.
The Judiciary Act of 1789 established the Supreme Court's original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act according to the law. However, in one case, the Supreme Court noted that the Constitution did not grant it original jurisdiction, demonstrating the Court's authority to interpret and uphold the Constitution as the supreme law of the land. The Act also created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court's original jurisdiction is fixed by the Constitution, but Congress can regulate the Court's appellate jurisdiction. According to Article III, Section 2, the Supreme Court has appellate jurisdiction in all areas where the federal judiciary's jurisdiction extends, except where Congress has explicitly exempted certain cases, as in Ex parte McCardle. This dynamic between the Constitution and Congress reflects the constitutional system of "checks and balances," where each branch of government has its own roles and areas of authority.
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Congress can create inferior courts
The original U.S. Constitution, through Article III, establishes the federal judiciary and creates the Supreme Court. 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 enables Congress to create inferior or lower courts under both Article III, Section 1, and Article I, Section 8.
Congress has the power to decide how to organize the Supreme Court and the inferior courts. One of Congress's first acts was to establish a federal court system through the Judiciary Act of 1789, which was signed by President Washington. This Act created a Supreme Court with six justices and established the lower federal court system. The Judiciary Act of 1789 also addressed questions raised by Article III, giving the Supreme Court its original jurisdiction as provided for in the Constitution and granting it appellate jurisdiction in cases from federal circuit and state courts.
Article III 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 and cases involving ambassadors and other public ministers. It has appellate jurisdiction on almost any other case involving a point of constitutional or federal law. Congress, however, has the power to strip the Supreme Court of its appellate jurisdiction, as seen in Ex parte McCardle, where a former Confederate soldier was unable to appeal his suit for a writ of habeas corpus to the Supreme Court due to Congress exempting such suits from its appellate jurisdiction.
The creation of inferior courts by Congress is exemplified in the establishment of Article III courts, also known as "constitutional courts," through the Judiciary Act of 1789. These courts have judicial power and include the 13 appellate courts or U.S. courts of appeals that sit below the Supreme Court. Article I courts, referred to as "legislative courts," consist of regulatory agencies, such as the United States Tax Court, and do not possess judicial power. While Article III courts primarily exercise appellate jurisdiction, they may, in certain cases, exercise jurisdiction over Article I courts.
In summary, the original Constitution empowers Congress to establish inferior courts, which it has done through various acts, including the Judiciary Act of 1789. These inferior courts operate within the federal court system alongside the Supreme Court, with their respective jurisdictions defined by Congress.
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The Supreme Court protects civil rights and liberties
The original U.S. Constitution, in Article III, establishes the federal judiciary and the Supreme Court. 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, including original jurisdiction over cases such as suits between states and cases involving ambassadors.
The Supreme Court plays a crucial role in protecting civil rights and liberties. As the highest court in the land, it serves as the final arbiter of justice and ensures that the other branches of government respect their constitutional limits. Here are some key ways in which the Supreme Court safeguards civil rights and liberties:
Striking Down Unconstitutional Laws: The Supreme Court has the power to review and strike down laws that violate the Constitution. This includes state laws and federal laws that infringe on the rights and liberties guaranteed by the Constitution, such as freedom of speech, religion, and due process. By doing so, the Court ensures that the government does not overstep its bounds and protects the rights of individuals and minority groups.
Interpreting the Constitution: The Supreme Court interprets the Constitution and sets precedents that guide lower courts. For example, in the landmark case of Griswold v. Connecticut in 1965, the Court recognized an implicit "right to privacy" in the Constitution, which later formed the basis for the right to abortion in Roe v. Wade. The Court's interpretations shape the understanding of constitutional rights and liberties for generations to come.
Protecting Individual Rights: The Supreme Court has a long history of protecting the rights of individuals, particularly those who are vulnerable or marginalized. For instance, in Miranda v. Arizona in 1966, the Court ruled that defendants must be informed of their right to an attorney, safeguarding against self-incrimination. The Court has also advanced the rights of criminal defendants, protesters, and the press, ensuring that their liberties are respected in the criminal justice system.
Advancing Social Change: During the civil rights movement in the 1950s and 1960s, the Supreme Court played a pivotal role in driving social change. Through its rulings, the Court helped advance civil rights, women's rights, gay rights, and racial equality. For example, in the 1964 Civil Rights Act, the Court upheld the ban on discrimination in public accommodations, contributing to the broader struggle for racial justice.
Ensuring Checks and Balances: The Supreme Court's power of judicial review ensures that the legislative and executive branches do not exceed their constitutional authority. By reviewing federal laws and resolving disputes, the Court acts as a check on the power of the other branches, maintaining the balance of power envisioned in the Constitution's system of "checks and balances."
While the Supreme Court has been a guardian of civil rights and liberties, it has also faced criticism for certain decisions that have curtailed protections in areas such as abortion, voting rights, and reproductive freedom. Nevertheless, the Court remains a vital institution in safeguarding the fundamental rights of Americans and ensuring that the government operates within the framework established by the Constitution.
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Frequently asked questions
The US Constitution mentions the Supreme Court.
The Supreme Court is the highest court in the US. It is the court of last resort for those seeking justice. The Court also ensures that each branch of government recognises the limits of its power and protects civil rights and liberties by striking down laws that violate the Constitution.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, or cases involving ambassadors and other public ministers. The Court has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
