Isabella Carter
The US Constitution establishes the federal government's judicial branch, which includes the Supreme Court and other federal courts. Article III of the Constitution created the Supreme Court and authorized Congress to establish a system of lower courts, known as inferior courts. The Supreme Court is the highest court in the United States and plays a crucial role in ensuring that each branch of the government recognizes its power limits. It has the power of judicial review, which allows it to declare acts of the legislative or executive branch unconstitutional. The Constitution sets no requirements for Supreme Court justices, but they are typically lawyers and often former law professors. The judicial branch operates within a system of checks and balances, where each branch is formally separate but often requires cooperation.
| Characteristics | Values |
|---|---|
| Number of justices | 9 (8 associate justices and 1 chief justice) |
| Appointment | Appointed by the President and confirmed by the Senate |
| Term | Justices typically hold office for life |
| Jurisdiction | Original jurisdiction over certain cases, e.g., suits between two or more states, cases involving ambassadors and other public ministers |
| Appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law | |
| Powers | Judicial review, i.e., the ability to declare a Legislative or Executive act in violation of the Constitution |
| The power to strike down state laws found to be in violation of the Constitution | |
| The final say over when a right is protected by the Constitution or when a Constitutional right is violated | |
| The power to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law) | |
| The power to decide appeals on all cases brought in federal or state courts | |
| The power to determine whether the law was applied correctly in the trial court or federal administrative agency | |
| The power to resolve disputes by determining the facts and applying the law to those facts | |
| The power to help people and businesses that cannot pay their debts get a "fresh start" |
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What You'll Learn
The Supreme Court
Article III of the US Constitution establishes the federal judiciary, with Article III, Section I stating 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 means that the US Constitution directly establishes the Supreme Court as the highest court in the land.
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Federal laws
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." This article also sets out the jurisdiction of the Supreme Court, which includes original jurisdiction over certain cases and appellate jurisdiction over almost all cases involving a point of federal law.
The Supreme Court is the highest court in the US and is composed of one Chief Justice and eight Associate Justices. These justices, like all federal judges, are appointed by the President and confirmed by the Senate, typically for life. 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 was established in the case of Marbury v. Madison in 1803, where the Court held that an Act of Congress contrary to the Constitution could not stand.
Below the Supreme Court are 13 appellate courts, also known as US courts of appeals. These courts determine whether the law was applied correctly in the trial court or federal administrative agency. The US district courts, of which there are 94, are the trial courts that resolve disputes by determining the facts and applying the law to those facts. These courts are the starting point for any case arising under federal law, the Constitution, or treaties. While the jurisdiction of state courts sometimes overlaps with that of federal courts, cases that are entirely based on state law may still be brought in federal court under diversity jurisdiction, which allows a plaintiff from one state to sue a defendant from another state in federal court.
In addition to the Supreme Court, US courts of appeals, and US district courts, there is also the US Court of International Trade, which is another Article III court. Congress has also established temporary or specialized courts, such as the Foreign Intelligence Surveillance Court, and adjudicatory bodies that are staffed by judges from existing Article III courts.
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Lower courts
The US Constitution establishes the federal judiciary and outlines the judicial branch as one of the three separate and distinct branches of the federal government. Article III, Section 1 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 establishes the Supreme Court and authorizes Congress to create a system of lower courts.
The lower federal courts, also known as "inferior" courts, are established by Congress through its power to ordain and establish the federal judiciary. These courts operate under the authority granted to them by Congress and play a crucial role in the administration of justice at the federal level. There are currently 94 district or trial courts, known as US district courts, which are considered lower courts. These courts are the starting point for cases arising under federal statutes, the Constitution, or treaties, and they have original jurisdiction over such cases.
The US courts of appeals are another type of lower court that sits below the Supreme Court. There are 13 appellate courts, also known as US courts of appeals, that review the decisions made by lower courts. These courts determine whether the law was applied correctly in the trial court or federal administrative agency. The decisions made by these appellate courts can be appealed to the Supreme Court, although the Supreme Court is not required to hear every appeal.
Bankruptcy courts are also considered lower courts. There are currently 90 bankruptcy courts across the nation, and they help individuals and businesses who cannot pay their debts to get a fresh start. These courts provide a pathway for debt relief and financial reorganization under the federal bankruptcy laws.
In addition to the regular lower courts, Congress has occasionally authorized the establishment of temporary or specialized courts to handle specific types of cases. For example, the Special Railroad Court and the Foreign Intelligence Surveillance Court are courts that deal with unique subject matters and exercise traditional judicial powers. These specialized courts add flexibility to the federal judiciary and help manage the caseload by focusing on specific areas.
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Judicial review
The US Constitution establishes the judiciary as one of the three separate and distinct branches of the federal government. 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 article establishes the Supreme Court and authorises Congress to pass laws establishing a system of lower courts.
The Supreme Court is the highest court in the United States and has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the text of the Constitution but was established in the case of Marbury v. Madison in 1803. In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Court held that an Act of Congress that is contrary to the Constitution could not stand, as Article VI of the Constitution establishes the Constitution as the supreme law.
The concept of judicial review was not new at the time of Marbury v. Madison, having been utilised in a limited form by Privy Council review of colonial legislation and its validity under colonial charters. Several scholars argue that judicial review was a familiar concept at the time, acknowledged by the Constitution's framers, explained in the Federalist Papers and ratification debates, and used by both state and federal courts before the Marbury case. However, Marbury v. Madison was the first time the Supreme Court adopted a monitoring role over government actions.
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. It also has appellate jurisdiction and can hear almost any other case that involves a point of constitutional or federal law. The Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
The power of judicial review has been criticised for giving the courts the ability to impose their own views of the law without adequate checks from other branches of government. Critics argue that this power can lead to judicial despotism and that the courts use it loosely to impose their interpretations of the "spirit" of the Constitution. However, supporters of judicial review argue that it is necessary to prevent laws that violate the Constitution from being made and enforced.
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Jurisdiction
The Supreme Court, as established by the Constitution, has both original jurisdiction and appellate jurisdiction. Original jurisdiction refers to the Court's power to hear cases in the first instance, such as suits between states or cases involving ambassadors. On the other hand, appellate jurisdiction allows the Court to hear cases on appeal, typically involving constitutional or federal law issues. The Court's appellate jurisdiction is often invoked when lower courts' decisions are contested, and the Supreme Court has the discretion to choose which cases to hear.
Below the Supreme Court are the 13 appellate courts or US courts of appeals. These courts review decisions made by lower courts to ensure the correct application of the law. They play a crucial role in resolving legal disputes and interpreting the law. The US district courts, numbering 94, are the trial courts that handle cases at the federal level. They have original jurisdiction over cases arising from federal statutes, the Constitution, or treaties, and their decisions can be appealed to the courts of appeals.
In certain instances, the jurisdiction of state courts overlaps with that of federal courts, and plaintiffs can choose the forum for their cases. Diversity jurisdiction allows plaintiffs to file lawsuits in federal court when defendants are from another state. However, criminal cases are exempt from diversity jurisdiction, and they are typically prosecuted in state courts or federal courts depending on the nature of the charges.
The US Constitution has also authorized Congress to establish specialized courts for specific purposes. For example, the United States Court of Appeals for Veterans Claims handles appeals related to veterans' claims, while the United States Court of Appeals for the Armed Forces deals with military matters. These courts operate alongside the permanent federal courts and contribute to the efficient administration of justice in their respective areas of expertise.
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Frequently asked questions
The Supreme Court is the highest court in the United States.
The Supreme Court has the power of judicial review, which is the ability to declare a Legislative or Executive act in violation of the Constitution.
The Supreme Court plays a crucial role in ensuring that each branch of the government recognizes the limits of its power. It acts as the court of last resort for those seeking justice.
The Supreme Court consists of nine justices: one chief justice and eight associate justices. These justices are appointed by the President and confirmed by the Senate.
The Constitution establishes the Senate and House of Representatives' power to create lower courts, or "inferior courts," as necessary. There are 13 appellate courts, also known as U.S. courts of appeals, and 94 district or trial courts.
